Terms of Service
These Terms of Service constitute a legally binding agreement between you and WEINER PARTY LIMITED LLC, doing business as Joyful Feast, governing your access to and use of our website at joyfulfeast.lol and any related services. By accessing or using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our website or services.
1. Company Information
These Terms are issued by:
WEINER PARTY LIMITED LLC
88 Pickett Fence Rd
Whitwell, TN 37397-3219
United States
Email: us@joyfulfeast.lol
Phone: +1 (865) 563-1469
WEINER PARTY LIMITED LLC is a limited liability company duly organized and existing under the laws of the State of Tennessee, United States of America. Throughout these Terms, WEINER PARTY LIMITED LLC is referred to as the Company, we, us, or our.
2. Definitions
For the purposes of these Terms of Service:
- Company (referred to as either the Company, we, us, or our) refers to WEINER PARTY LIMITED LLC, 88 Pickett Fence Rd, Whitwell, TN 37397-3219, United States.
- Services refers to the computer systems design, consulting, architecture, integration, and related professional services offered through our website or through direct engagement with us.
- Website refers to Joyful Feast, accessible from joyfulfeast.lol and any subdomains.
- You (referred to as either you, your, or User) means the individual accessing or using the Website or Services, or the company or other legal entity on behalf of which such individual is accessing or using the Website or Services.
- Content refers to all text, images, graphics, code, data, and other materials displayed on or accessible through the Website.
- Client Agreement refers to a separate written contract, statement of work, or service agreement entered into between you and the Company for the provision of specific Services.
3. Acceptance of Terms
By accessing or using our Website, you represent and warrant that you have the legal capacity to enter into a binding agreement. If you are using the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and in such case, you and your shall refer to that organization.
These Terms apply to all visitors, users, and others who access or use the Website. Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply immediately upon your first access to the Website and continue until terminated in accordance with Section 11 below.
4. Eligibility
You must be at least 18 years of age to use our Website and Services. By using the Website, you represent and warrant that you are at least 18 years old and that you are fully able and competent to enter into and comply with these Terms. If you are under 18, you may not use the Website or Services under any circumstances.
5. Description of Services
Joyful Feast provides computer systems design services including but not limited to systems architecture, cloud infrastructure design and implementation, custom software and API integration, security and compliance consulting, and performance optimization. The specific scope, deliverables, timeline, and fees for any Services shall be set forth in a separate Client Agreement executed by both parties.
We reserve the right to:
- Modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.
- Decline to provide Services to any person or entity for any lawful reason.
- Require a signed Client Agreement and, where applicable, a deposit or retainer before commencing any Services.
- Update the descriptions and offerings on our Website without prior notice.
6. Intellectual Property Rights
6.1 Website Content
All Content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, is the exclusive property of WEINER PARTY LIMITED LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
The trademarks Joyful Feast, the Joyful Feast logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WEINER PARTY LIMITED LLC. You must not use such marks without our prior written permission.
6.2 Limited License to Use the Website
We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Content on our Website for your personal or internal business purposes. This license does not include the right to:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any Content.
- Use any data mining, robots, or similar data gathering or extraction methods.
- Use the Website or Content for any commercial purpose not expressly permitted by us.
- Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.
6.3 Client Deliverables
Ownership and licensing of deliverables produced as part of our Services shall be governed by the applicable Client Agreement. Unless otherwise specified in writing, we retain ownership of all pre-existing materials, tools, methodologies, and intellectual property used in the course of providing Services, and you retain ownership of your pre-existing materials provided to us.
7. User Conduct and Obligations
You agree that you will not:
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
- Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website.
- Upload invalid data, viruses, worms, or other software agents through the Website.
- Impersonate another person or otherwise misrepresent your affiliation with a person or entity.
- Use the Website to transmit, distribute, or store material that is defamatory, obscene, threatening, or otherwise objectionable.
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure.
- Bypass any measures we may use to prevent or restrict access to the Website.
- Use the Website to send unsolicited commercial communications or spam.
- Collect or harvest any personally identifiable information from the Website.
8. Third-Party Services and Links
Our Website may contain links to third-party websites or services that are not owned or controlled by WEINER PARTY LIMITED LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
9. Disclaimers and Limitation of Liability
9.1 Website Disclaimer
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
9.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEINER PARTY LIMITED LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use the Website or Services.
- Any conduct or content of any third party on the Website.
- Any content obtained from the Website.
- Unauthorized access, use, or alteration of your transmissions or content.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
9.3 Service-Specific Liability
The limitations in this Section 9 apply to Website use. Liability for professional Services provided under a separate Client Agreement shall be governed by the terms of that Client Agreement.
10. Indemnification
You agree to defend, indemnify, and hold harmless WEINER PARTY LIMITED LLC, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of and access to the Website or Services.
- Your violation of any term of these Terms of Service.
- Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right.
- Your violation of any applicable law, rule, or regulation.
- Any content or information you submit, post, or transmit through the Website.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.
11. Termination
We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use the Website will cease immediately. If you wish to terminate your agreement with these Terms, you may simply discontinue using the Website.
Termination of these Terms does not affect any separate Client Agreement or ongoing Service engagement, which shall be governed by its own terms regarding termination.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, United States of America, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
12.1 Informal Resolution
Before filing any formal legal claim, you agree to first contact us at us@joyfulfeast.lol and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If the dispute is not resolved within thirty (30) days of submission, either party may proceed with formal action as set forth below.
12.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Marion County, Tennessee, before a single arbitrator. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
12.3 Exceptions
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction for matters related to intellectual property rights, data security, or unauthorized use of the Website.
13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision.
14. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of WEINER PARTY LIMITED LLC to be effective.
15. Entire Agreement
These Terms, together with our Privacy Policy and any separate Client Agreement entered into between you and us, constitute the entire agreement between you and WEINER PARTY LIMITED LLC regarding your use of the Website and our Services, and supersede and replace any prior agreements, oral or written, regarding such subject matter.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.
16. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Website and Services.
17. Contact Information
For any questions, concerns, or notices regarding these Terms of Service, please contact us:
WEINER PARTY LIMITED LLC
Attn: Legal Department
88 Pickett Fence Rd
Whitwell, TN 37397-3219
United States
Email: us@joyfulfeast.lol
Phone: +1 (865) 563-1469