Terms of Service
This website is operated by Generation Joy LLC. Throughout the site, the terms “we”, “us”, “our” and “Generation Joy” refer to Generation Joy and its website. The terms “website” and “site” refer to GenerationJoy.com and ShoreMagic.com. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, resources, products, services or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
All content included on this site, such as text, copy, photographs, graphics, logos, button icons, characters, artwork, images, audio clips, digital downloads, data compilations, software, and other content of the site (collectively, the “Site Content”) and all HTML, CGA, and other code and scripts in any format on the Site or used to implement the Site (collectively, the “Code”) is either the property of Generation Joy or used by Generation Joy under license or the property of its content or software suppliers, and is protected by United States and international copyright laws and other intellectual property laws. The selection, arrangement, and compilation of all content, facts, data, and information on the Site is the exclusive property of Generation Joy and protected by U.S. and international laws. The names GENERATION JOY™, SHORE MAGIC® & JE SUIS COLLAGÈNE® and all marks or logos containing these names (collectively, the “Marks”) are the property of Generation Joy LLC.
Using the Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use Site Content or Code unless you obtain express written permission from us or are otherwise permitted by law. These Terms of Service do not grant you the right to use any trademarks, branding or logos used in connection with our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services.
Promises About User Content
This site may permit users to contribute or submit comments, reviews, replies, data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, printed matter and/or other content or materials (collectively, “User Content”). You are solely responsible for your conduct and any User Content that you submit, post or display on or via the Service.
You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. Generation Joy reserves the right (but not the obligation) to remove or edit any User Content, but does not regularly review posted content.
You acknowledge and agree that we may preserve User Content and may publicly disclose the User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Generation Joy, its users or the public. You understand that the technical processing and operation of the site, including any User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree not to submit any User Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially or ethnically objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
You agree to waive any claims against Generation Joy and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to User Content or any other communications made available to the site or posted on the site by persons other than Generation Joy or its affiliates. By using our Services, you agree to indemnify Generation Joy and its affiliates from all claims and expenses, including reasonable attorney’s fees, whenever such claims are based on or arise from: 1) any User Content you approve or provide; or 2) your violation of any of the provisions of these Terms. If you do not agree with this promise to indemnify Generation Joy, you should stop using our Services and should not complete your order. You acknowledge and agree that you will use this site and any products ordered on this site, including without limitation sports apparel, at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, ordinances, and common sense, and will not take any action that harms or violates the rights of any person or entity.
License and Access
Subject to your compliance with these Terms of Service, Generation Joy grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and make personal and non-commercial use of the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
The site is available only for your personal use, which is limited to viewing the site, providing information to the site, downloading product information or other materials made available for download for your personal use, the purchase of products, and accessing any other features or functions made available to you on the site. You may not use the Site Content or Code for any purpose other than those described in these Terms of Service. You may not use the Marks in a manner that causes confusion as to the source of the Services.
No Service, Site Content or Code, nor any part thereof, may be reproduced, duplicated, copied, distributed, sold, resold, visited, uploaded, transmitted, displayed for redistribution to third parties, republished to third parties, or otherwise exploited, for any commercial purpose without express written and signed consent of Generation Joy. You agree that this license does not permit any of the following: resale or commercial use of any Service, the site or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading or copying of account information for the benefit of another merchant; any downloading (other than page caching) or modifications of any portion of the Service; any use of data mining, robots, or similar data gathering and extraction tools; or any attempt to access the Services using a method other than the interface and instructions that we provide. All of the foregoing actions are expressly prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Generation Joy without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the Services. You may use the Services only as permitted by law. All rights not expressly granted to you in these Terms of Service are reserved and retained by Generation Joy. The licenses granted by Generation Joy automatically terminate without notice if you do not comply with these Terms of Service.
Nothing in this Agreement confers to you or any third-party, by implication, estoppel or otherwise, any proprietary or industrial right belonging to Generation Joy. Your failure to comply with these Terms of Service will constitute breach of contract and will violate our copyright, trademark and other commercial, proprietary and industrial property rights.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Limited License for Hyperlink to Site
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to GenerationJoy.com so long as the link does not portray (in Generation Joy LLC’ sole determination) Generation Joy, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Generation Joy logo or other proprietary graphic or trademark as part of the link without express written and signed permission.
Your Account; Age Requirements
By agreeing to these Terms of Service, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use this site.
If you use the site or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities and communications that occur under your account or password. GENERATION JOY DOES NOT SELL PRODUCTS FOR PURCHASE BY CHILDREN. We sell children’s products only for purchase by adults. We do not direct our site to, nor do we knowingly collect any personal information from, children under the age of eighteen. If you are under the age of 18, you may access and use this Site only with the involvement of a parent or guardian. Each time you use our Services, you are representing that you are 18 years of age or older. Generation Joy and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Business Uses of Services
If you are using our Services on behalf of a business, company, employer, association, organization or other entity (“Organization”), the Organization accepts these terms by your continued use of our Services. Do not use the Services on behalf of your Organization if you do not have the authority from your Organization to do so, or if your Organization does not accept and agree to these Terms of Service. To the greatest extent permitted by law, your Organization agrees to hold harmless and indemnify Generation Joy and its affiliates, successors, officers, agents, and employees from any claim, suit or action, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, arising from or related to your use of the Services, or your use or purchase of products, or any violation of these Terms, or a claim of breach of contract, a claim of infringement of any intellectual property right, a claim of unfair competition, or a claim of dilution.
Use of Comments Submitted by You
We do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our current products or any new products. You may submit only Comments that are your own original work. You may not infringe, misappropriate or violate the rights of third parties by your submission of any Comments. By submitting Comments, you warrant that we may reproduce, use, disclose, distribute or publish such information, use it as part of our operations, and develop or incorporate any ideas, concepts, know-how or techniques contained in such Comments for any purpose whatsoever in our Services or products without limitation or liability or obligation to you or any third-party.
Generation Joy attempts to be as accurate as possible. However, Generation Joy does not warrant that product descriptions or other content of this site or any Generation Joy Service is accurate, complete, reliable, current, or error-free. If a product offered by Generation Joy itself is not as described, your sole remedy is to return it in unused condition. Although we have made every effort to display the dynamic products and their colors as accurately as possible, the displayed colors of the products will depend upon your monitor and computer settings and we cannot guarantee that your monitor and computer settings will accurately portray the actual colors of the products. We reserve the right to make corrections and changes to the site, including product descriptions, at any time without notice.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only per our return policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Not Healthcare Advice
The information contained in our site is provided for informational purposes only and is not meant as a substitution for the advice of a doctor or other health care professional. This site is not intended to provide medical advice, diagnosis or treatment. You should not use the information available on or through the site for diagnosing or treating a health problem or disease, or prescribing any medication. The products and any information and statements regarding the products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.
Shipping And Delivery
Generation Joy ships orders within the 50 United States via USPS, UPS and/or FedEx. Orders shipped usually arrive within 1 to 3 business days. Accurate shipping address and phone number are required. Your signature may be required for delivery. Because many events may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery to the cardholder, even without a signature.
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Generation Joy reserves the right to accept or deny shipment to anyone for any reason. Generation Joy reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Generation Joy reserves the right to cancel the order and notify the cardholder or the authorities.
Despite our best efforts, a small number of the items on our site may be mispriced. If we discover a mispricing, we will do one of the following:
If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
The prices displayed are quoted in U.S. dollars. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling, except as otherwise noted or third party license fees.
Content from and Links to Other Sites and Option Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made through any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Return And Cancellation Policy
Under certain circumstances, products may be returned for refund or exchange, but only if returned within thirty (30) days of the order date, and only if returned unused and in the same condition in which they were received and in the original, unopened packaging. If thirty (30) days have gone by since the order date, we unfortunately can’t offer you a refund or exchange. Only regular priced items may be refunded; sale items cannot be refunded. Only defective or damaged items will be replaced. Gift cards are not returnable or refundable.
If you believe that a refund or exchange is appropriate, please e-mail service@GenerationJoy.com with the details as to why the product needs to be returned or exchanged. We will review the specifics and provide further details on the return/exchange process.
If the product is accepted for return or exchange, you will be responsible for paying for your own shipping costs for returning or exchanging your item. Shipping costs are non-refundable and non-reimbursable. You should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within three billing cycles.
If you have NOT received a refund in the prescribed amount of days, please contact your credit card company or your bank. It may take some time before your refund is officially posted.
If you’ve followed the above procedure and you still have not received your refund, please contact us at service@GenerationJoy.com.
Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate contact, purchase and account information for all purchases made at our store.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Disclaimer of Warranties
THIS SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED BY GENERATION JOY ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENERATION JOY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, GENERATION JOY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE REGARDING ALL PRODUCTS AND SERVICES. GENERATION JOY DOES NOT WARRANT THAT THIS SITE, ITS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE FREE OF ERRORS, DEFECTS, COMPUTER VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
Generation Joy operates the site from the United States under the laws of the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions such as the Export Administration Act and the Arms Export Control Act. By visiting and using our site, you acknowledge these restrictions and agree that you are not subject to them. You also agree not to transfer any Site Content or Code to a foreign national or a foreign destination in violation of such laws.
Digital Millennium Copyright Act Claims
Generation Joy respects the intellectual property of others and responds to notices of alleged copyright infringement per the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied unlawfully, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Limitation of Liability
IN NO CASE SHALL GENERATION JOY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GENERATION JOY FOR ANY CLAIM UNDER THESE TERMS OF SERVICE OR FOR ANY WAIVEABLE WARRANTY IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES OR PRODUCTS.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Generation Joy the written information specified below. Please note that this procedure is exclusively for notifying Generation Joy that your copyrighted material has been infringed:
An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on our site;
Your address, telephone number, and e-mail address;
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;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, that the owner has a legitimate and exclusive right to the work, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Generation Joy’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: agent@GenerationJoy.com, Attention: Copyright Agent.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
You agree to indemnify, defend and hold harmless Generation Joy and its agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Applicable Law, Venue, And Jurisdiction
If you, or the Organization you represent (together “You”) are a U.S. customer visiting our site, You agree that the applicable U.S. federal laws and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute, action, claim or cause of action arising between You and Generation Joy relating to these Terms, the site, the Services, Comments, User Content, Code, or Site Content. For such claims, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York, U.S.A., and you promise not to commence any litigation relating to such claims except in the courts in New York City, New York, and you agree not to plead or claim in any court of the State of New York that such litigation brought there is in an inconvenient forum.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website without notice. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
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