Last updated November 1, 2014
1. What the Contract Covers
This is a contract between you and JoynIn, 3639 Walnut St, #1,
Lafayette, CA 94549. Sometimes JoynIn is referred to as 'JoynIn,' 'we,' 'us' or
'our'. This contract applies to the JoynIn Rewards Program, (hereinafter “Program”).
You participate in the Program by using JoynIn’s toolset. The Program is void
where prohibited by law. As further described below, the Program may be canceled
or suspended by JoynIn at any time. The Program is open to users who reside in
the fifty (50) United States and District of Columbia and who are at least
eighteen (18) years of age.
Please note that we do not provide warranties for the Program. The contract also limits our liability. These terms are in sections 12 and 13, and we ask you to read them carefully.
2. Program Overview
The goal of the Program is for promote usage of JoynIn’s social
CRM tool by consumers, servers, bartenders and service establishment
JoynIn’s usage goals differ by user constituency:
- We want consumers to introduce the JoynIn tool to servers and bartenders whom they like and use the tool to connect with those servers and/or bartenders;
- We want servers and bartenders to: add and connect with consumers (diners) and send messages to their regular customers;
- We want service establishment managers and proprietors to invite their server employees to register with JoynIn.
Through the Program, you will be given opportunities to earn credits which will be exchanged for “Rewards” in the form of digital gift cards. JoynIn will provide the opportunity to earn credits based on usage of various features of the JoynIn toolset. Credit earning opportunities may be capped for each user, may be time limited, and any ability to earn additional credits will be communicated through the JoynIn website and/or direct email communications from JoynIn. Any sign up credit bonus is limited to one bonus per user.
JoynIn exclusively uses Tango Card as its rewards mechanism. Our
viewed at: https://www.tangocard.com/terms-of-service.
3. How to Participate in the Program
General requirements for program participation:
A. Users must be logged into their JoynIn account to participate in
B. You can learn to accumulate credits, as well as about other opportunities to earn credits, by checking the Rewards Program page in JoynIn’s website.
C. The JoynIn Rewards Program will be limited to activity on the JoynIn tool between October 15, 2014 or the date of your registration, whichever is later, and December 31, 2014. No credits will be awarded for activity in 2015, unless the Program is extended, in which case you will be notified directly via electronic mail, and on our website.
Redemption of JoynIn Rewards Credits.
In order to earn credits, you must provide your true first and
last name, and submit a working email address. Additional personal information
may be required to redeem credits for certain Rewards. You may not use any
service intended to obfuscate your true IP address or your location, or use
multiple logins or email addresses to accumulate additional credits.
You may not maintain more than one Program account (“Account”). You may not barter, trade or otherwise exchange your Account. You must keep your personal information up-to-date, accurate, and secure in order to receive and redeem credits through the Program. You are responsible for all federal, state and local taxes and any other costs or expenses of accepting and using the Reward, unless JoynIn specifically says it will cover said tax or expense. The value of the Rewards you receive in a calendar year may not exceed U.S. $500.00.
Collection and Use of Information in the Program
To learn about JoynIn's privacy practices, please read our
Information and data collected through JoynIn Rewards enables us to offer the Program to users, properly record your credits, protect against fraud, and to improve JoynIn and your experience with the JoynIn tool. We will collect and store information about your Regulars and messaging and may access that information and messages in connection with your Account to assist in the prevention of fraud.
The Program collects information about your use of the JoynIn toolset, including the number of Regular customers, the number of messages that you send to Regulars, the profile characteristics that you provide about yourself and your Regulars, and invitations that you send to Regulars and other servers in the industry within a limited geography. For fraud detection purposes, the Program also may collect information regarding your IP address and that of your Regulars and invitees.
The Program may also use the data collected through the JoynIn database, your redemption activity, and information collected and associated with your JoynIn account to customize your Program experience. The Program will stop awarding credits and distributing Rewards described herein if JoynIn, in its sole discretion, decides to end the Program, or if you opt out.
4. Discontinuing your participation in the Program
To discontinue participation in the JoynIn Rewards program please email your name and account email address to firstname.lastname@example.org
5. How to Receive Rewards
After earning credits, JoynIn will convert credits to Rewards in the form of Tango digital gift cards once per week. Awards will be distributed to any user who has accumulated more than 1000 credits. Activate your Tango Card at this site: https://www.tangocard.com/activate. You will then be able to exchange the value on your Tango Card for gift cards of retailers of your choice. JoynIn may require you to sign an affidavit, release of liability, publicity release, or other documents to receive certain Rewards. You cannot transfer credits or Rewards (except for charitable donations to non-profit organizations which may be made available at the Tango Card redemption center). You may not obtain any cash or money in exchange for credits. Credits are not your personal property. Your only way to use Tango Card Rewards is to exchange your Tango Card for branded gift cards at the Tango Card redemption center or to contribute credits to a listed non-profit organization. Rewards are not for resale. JoynIn may limit the quantity of credits or Rewards per person or per household per year, including per item or per Reward category.
Rewards will be mailed to the e-mail address you provide when you
register with JoynIn or as updated in your profile. We will send your Reward to
the email address you provide us, and we rely on you to ensure that the email
address provided is correct. We encourage you to ensure that you properly enter
your email, as Rewards that are undeliverable will not be reissued and are
6. Program General Conditions
You must comply with this contract, as determined by JoynIn, to
receive and redeem credits through the Program. You are granted a license to
use the JoynIn tool during the term, and we may disable the Rewards accumulation
at a pre-defined date in the future, or if you violate this contract. Any user
deemed to be participating in any manner that does not comply with this
contract may be disqualified from the Program and any other current or future JoynIn
promotions or programs, in our sole discretion. By participating in the
not work around any technical limitations in the Program. And you further agree
that you will not disassemble, decompile or reverse engineer any software
included with the Program, except and only to the extent that the applicable
copyright law expressly permits this activity. You may not use any service
intended to obfuscate your true IP address or your location. JoynIn reserves
the right to disqualify you; disable your access to the Program or the toolset;
and/or withhold credits or Rewards if JoynIn believes you are tampering with
or abusing any aspect of the Program or are otherwise suspected of activities
that violate this contract or are otherwise unlawful. JoynIn reserves the right
to remove a third party from the Rewards offerings for reasons as determined by
JoynIn, including if JoynIn suspects such third party of activities that
violate this contract or are otherwise unlawful. All questions or disputes
regarding the Program, including, without limitation, those involving
eligibility, participation, fraud and abuse, will be resolved by JoynIn, whose
decisions shall be binding on users.
7. How You May Use the Program
In using the Program, you will:
- obey the law;
- obey any codes of conduct or other notices we provide;
- use the JoynIn toolset to connect and communicate with other diners and with legitimate servers;
- keep your Program Account and password confidential, and not authorize any third party to access and/or use the Program on your behalf except where we provide an approved mechanism for such access; and
- promptly notify us if you learn of a security breach related to the Program.
8. How You May Not Use the Program
You must not at any time use the Program to harm others, or the
Program. For example, you may not:
- engage in, facilitate or further unlawful conduct;
- use the Program merely to accumulate credits, such as by connecting with faux diners or servers and sending faux messages to ancillary or phony email addresses
- use the Program in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors;
- use multiple email addresses to ‘game’ the Rewards Program, such as adding Regulars more than once
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Program;
- damage, disable, overburden, or impair the Program (or the network(s) connected to the Program) or interfere with anyone's use and enjoyment of the Program; or
- resell or redistribute the Program, or any part of the Program
9. You Are Responsible For Your Program Account
Only you may use your Account. You are responsible for all
activity that takes place with your Account. You may not authorize any third
party to access and/or use the Account on your behalf.
10. How We May Change the Contract
From time to time, JoynIn may change, modify, add, or remove portions of the Contract, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the JoynIn Service, and indicate the date of the latest revision. We encourage users to review the Contract periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change.
A user’s participation in the Program after such notice will be deemed acceptance of such changes. If you do not agree to these changes, then you must cancel and stop using the Program. If you do not stop using the Program, then your use of the Program will continue under the changed contract. A user should review the contract periodically to ensure his/her familiarity with the most current version. A user will always be able to tell when the version was last updated by checking the "Last updated" date at the top of the agreement.
11. WE MAKE NO WARRANTY
We provide the Program, credits and Rewards 'as-is,' 'with all
faults' and 'as available.' We do not guarantee the accuracy or timeliness of
information available from the Program. We and our affiliates, resellers,
distributors and vendors (collectively, the 'JoynIn parties') give no express
warranties, guarantees or conditions. You may have additional consumer rights
under your local laws that this contract cannot change. We exclude any implied
warranties including those of merchantability, fitness for a particular
purpose, workmanlike effort and non-infringement.
12. LIABILITY LIMITATION
You can recover from the JoynIn parties only direct damages up to
US $5. You cannot recover any other damages, including consequential, lost
profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
- the Program,
- content (including code) on third-party Internet sites, third-party program or third-party conduct;
- viruses or other disabling features that affect your access to or use of the Program;
- incompatibility between the Program and other services, software and hardware;
- delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Program in an accurate or timely manner;
- late, lost, incomplete, delayed, inaccurate, garbled, undelivered or damaged registrations, credits, Rewards requests, Rewards shipments or other errors of any kind, whether typographical, technical, computer, network, human, mechanical, electronic otherwise including without limitation errors or problems which may occur in administration of the Program, processing registrations, tabulating credits, announcing credits or Rewards or in any Program-related materials;
- damages, losses or delays of any annual payments to non-profit organizations or schools; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort.
It also applies even if:
- this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
- JoynIn knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitations or exclusions may not apply
13. Changes to the Program and If We Cancel the Program
We may change the Program or delete features or credit earning
opportunities at any time and for any reason. There may be
interruptions or extended downtimes. We may significantly change the Program. We
may cancel or suspend the Program at any time. As noted above, upon
receiving notice of the termination by JoynIn of the Program, you will have
ninety (90) days to redeem your points for Rewards, as described herein, or
forfeit them. Our cancellation or suspension may be without cause. Upon Program
cancellation, notwithstanding your ability to redeem your points within the
time allowed, your right to use the Program and accrue future points ends
immediately. Once the Program is cancelled or suspended, any data you have
stored in the Program may not be retrieved later.
14. Interpreting the Contract
All parts of this contract apply to the maximum extent permitted
by relevant law. A court may hold that we cannot enforce a part of this
contract as written. If this happens, then you and we will replace that part
with terms that most closely match the intent of the part that we cannot
enforce. The rest of this contract will not change. This is the entire contract
between you and us regarding your use of the Program. It supersedes any prior
contract or statements regarding your use of the Program. The section titles in
the contract do not limit the other terms of this contract.
We may assign, transfer or otherwise dispose our rights and
obligations under this contract, in whole or in part, at any time with or
without notice to you. You may not assign this contract, or any part of it, to
any other person. Any attempt by you to do so is void. You may not transfer to
anyone else, either temporarily or permanently, any rights to use the Program
or any part of the Program.
16. No Third Party Beneficiaries
This contract is solely for your and our benefit. It is not for
the benefit of any other person, except for permitted successors and assigns
under this contract.
17. Claim Must Be Filed Within One Year
Any claim related to this contract or the Program may not be
brought unless brought within one year. The one-year period begins on the date
when the claim first could be filed. If it is not filed in time, then that
claim is permanently barred. This applies to you and your successors. It also
applies to us and our successors and assigns.
18. Your Notices to Us
You may notify us as stated in the customer support or 'help' area
for the Program or by writing to email@example.com.
19. Notices We Send You; Consent Regarding Electronic Information
This contract is in electronic form. We may send you information
in connection with the Program and additional information the law requires us
to send you. We may provide required information to you:
- by e-mail at the e-mail address you specified when you signed up for the Program; or
- by access to a JoynIn web site that we identify.
Notices emailed to you will be deemed given and received when the
email is sent. As long as you can access and use the Program, you have the
necessary software and hardware to receive these notices. If you do not consent
to receive any notices electronically, you must stop using the Program.
20. Choice of Law and Location for Resolving Disputes
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of the agreement, or the rights and obligations of the user and JoynIn, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law rules (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in San Francisco, California, U.S.A., for all disputes arising out of or relating to this contract.
21. JoynIn Use of Data
JoynIn will store information about your use of the JoynIn tool to keep track of your point-earning activities, protect against fraud and improve the JoynIn toolset. JoynIn may use your earning and redemption activity to improve the JoynIn tools. Participants will receive email reminders, including tips and advice on using the JoynIn tool and alerts of special opportunities to earn points. You can unsubscribe from JoynIn’s email communications at any time.
22. Retail Partners
Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods on Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.