The following are terms of a legal agreement between you and Joy o' Kanji. You acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions of Use and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions of Use, you may not use the Joy o' Kanji website (the "Site").

Joy o' Kanji reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Joy o' Kanji grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

1.  Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, and artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by Joy o' Kanji, and is protected by applicable intellectual property laws and other laws. 

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Joy o' Kanji’s express prior written consent.

2. Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Joy o' Kanji reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Joy o' Kanji server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Joy o' Kanji, including any Joy o' Kanji account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Joy o' Kanji’s systems or networks, or any systems or networks connected to the Site or to Joy o' Kanji.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Joy o' Kanji on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Joy o' Kanji or others.

3. Purchases: Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Joy o' Kanji’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Joy o' Kanji may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. 

4. Accounts, Passwords, and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a Joy o' Kanji ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Joy o' Kanji immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Joy o' Kanji or any other user of or visitor to the Site due to someone else using your Joy o' Kanji ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Joy o' Kanji account at any time without the express permission and consent of the holder of that Joy o' Kanji account. Joy o' Kanji cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
Joy o' Kanji’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Joy o' Kanji’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Joy o' Kanji Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Joy o' Kanji’s control, and Joy o' Kanji is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers
Joy o' Kanji does not promise that the Site or any content, service, or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the Site is subject to change without notice. Joy o' Kanji cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. Joy o' Kanji disclaims all warranties, express or implied, including any warranties of accuracy, noninfringement, merchantability, and fitness for a particular purpose. Joy o' Kanji disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Site and/or any Joy o' Kanji services. You assume total responsibility for your use of the Site and any linked sites. Your sole remedy against Joy o' Kanji for dissatisfaction with the Site or any content is to stop using the Site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Joy o' Kanji reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Joy o' Kanji be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Joy o' Kanji has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Joy o' Kanji is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Joy o' Kanji’s liability shall in no event exceed the greater of (1) the total of any fees paid for any service or feature of or on the Site in the six months before the date of the initial claim made against Joy o' Kanji, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold Joy o' Kanji and its officers harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Joy o' Kanji by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use
Joy o' Kanji may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Joy o' Kanji’s rights or property, or the rights or property of visitors to or users of the Site, including Joy o' Kanji’s customers. Joy o' Kanji reserves the right at all times to disclose any information that Joy o' Kanji deems necessary to comply with any applicable law, regulation, legal process or governmental request. Joy o' Kanji also may disclose your information when Joy o' Kanji determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Joy o' Kanji may preserve any transmittal or communication by you with Joy o' Kanji through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Joy o' Kanji determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Joy o' Kanji, its employees, users of or visitors to the Site, and the public.

You agree that Joy o' Kanji may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Joy o' Kanji, for which monetary damages would be inadequate, and you consent to Joy o' Kanji obtaining any injunctive or equitable relief that Joy o' Kanji deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Joy o' Kanji may have at law or in equity.

You agree that Joy o' Kanji may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Joy o' Kanji does take any legal action against you as a result of your violation of these Terms of Use, Joy o' Kanji will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Joy o' Kanji. You agree that Joy o' Kanji will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law: Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Alameda County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Joy o' Kanji and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited
Joy o' Kanji administers and operates www.joyokanji.com from its location in Berkeley, California, USA. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Joy o' Kanji with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Joy o' Kanji with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Joy o' Kanji, Joy o' Kanji will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Joy o' Kanji’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Joy o' Kanji of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Joy o' Kanji and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information
Any feedback you provide on this Site shall be deemed to be nonconfidential. Joy o' Kanji shall be free to use such information on an unrestricted basis.

How Can You Stop Receiving Emails From Us?

If you do not wish to receive additional emails from Joy o' Kanji, simply follow the instructions at the end of any email.

The information contained in this website is subject to change without notice.

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PRIVACY POLICY

Your privacy is important to Joy o' Kanji, so we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.

Collection and Use of Personal Information
Personal information is data that can be used to uniquely identify or contact a single person.

You may be asked to provide your personal information anytime you are in contact with Joy o' Kanji. Joy o' Kanji may also combine it with other information to provide and improve our products, services, content, and advertising.

Here are some examples of the types of personal information Joy o' Kanji may collect and how we may use it.

What Personal Information We Collect

When you create a Joy o' Kanji account, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.

When you send Joy o' Kanji gift certificates, Joy o' Kanji may collect the information you provide about those people, such as the name, mailing address, email address, and phone number.

How We Use Your Personal Information

We may also use personal information for internal purposes, such as auditing, data analysis, and research to improve Joy o' Kanji’s products and services.

If you enter into a contest or similar promotion, we may use the information you provide to administer those programs.

Cookies and Other Technologies
Joy o' Kanji’s website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies, such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

Joy o' Kanji and its partners may use cookies and other technologies to control the number of times you see a given ad and measure the effectiveness of ad campaigns. 

Joy o' Kanji may also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Joy o' Kanji more convenient and personal. For example, knowing your first name lets us welcome you whenever you visit the Site. 

If you want to disable cookies and you’re using the Safari web browser, go to Safari preferences and then to the Security pane to disable cookies. For other browsers, check with your provider to find out how to disable cookies. Please note that certain features of the Joy o' Kanji website may not be available once cookies are disabled.

As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. Joy o' Kanji may use this information in our marketing and advertising services.

In some of our email messages, we use a “click-through URL” linked to content on the Joy o' Kanji website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers. 

Service Providers
Joy o' Kanji shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Others
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Joy o' Kanji to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale, we may transfer any and all personal information we collect to the relevant third party.

Protection of Personal Information
Joy o' Kanji takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

Joy o' Kanji uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. To make purchases from these services, you must use an SSL-enabled browser such as Safari, Firefox, or Internet Explorer. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet.

When you use some Joy o' Kanji products, services, or applications or post on a Joy o' Kanji forum, chat room, or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

Integrity and Retention of Personal Information
Joy o' Kanji makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Access to Personal Information
You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if Joy o' Kanji is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. 

Children
We do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under 13, we will take steps to delete the information as soon as possible.