Last Updated January 11, 2012
BETA SERVICE: The services and features offered by JoynIn under these terms are under development, and JoynIn services may add, modify, update, remove, replace, or disable any service or feature described in these terms without notice, and JoynIn will have no liability to you for such changes in services or features.
You acknowledge and agree that, as may be provided in greater detail in these Terms:
1. Certain key features of the JoynIn Service may be solely accessible through JoynIn’s App.
2. The App is licensed, not sold to you, and you may use the JoynIn Service only as set forth in these Terms.
4. The use and operation of your device and your use of mobile network services in connection with your use of the JoynIn Service may be subject to separate third party terms of service and fees (such as SMS, MMS, roaming, voice, data, and other applicable fees charged by your mobile network operator), and you are solely responsible for payment of any and all such fees and compliance with any and all applicable terms.
5. The JoynIn Service is provided “as is” without warranties of any kind and JoynIn’s liability to you is limited.
6. The Apps require or may require access to the following services on your mobile device: UDID or other applicable device id, location, phone state and identity, internet, SD card contents, SMS/MMS messaging, contacts, native dialer, camera, wifi, and sms.
7. You may email us at email@example.com to have a copy of these Terms sent to you.
1. Acceptance of the Terms.
Please carefully read the following terms and conditions of use and all other rules and guidelines that we may communicate to you from time to time through the JoynIn Service, including the additional policies identified in Section 7, below (collectively, the “Terms”), as these terms create a binding legal contract between you and JoynIn. By accessing or downloading the sites or the App, or availing yourself of the JoynIn Service in any manner, you (“you”, or “User”) agree that you have read, understood, and agree to be bound by and comply with the Terms. If at any time you do not agree to these Terms, you should immediately terminate your use of the JoynIn Service.
2. Eligibility; JoynIn Service Access.
THE JOYNIN SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE JOYNIN SERVICE. BY USING THE JOYNIN SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE JOYNIN SERVICE.
Subject to your compliance with these Terms, JoynIn grants you permission to access and use the JoynIn Service solely for your personal use, except in the case where, and for so long as, a third party business (a “Participating Merchant”) designates you as a Client Designee as described in Section 6, as set forth in these Terms and consistent with the intended features of the JoynIn Service. You are responsible for obtaining access to the JoynIn Service, and that access may involve third party fees or services (such as Internet service provider charges and mobile charges such as for SMS, MMS, roaming, voice, data, and other applicable fees charged by your mobile operator). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the JoynIn Service.
4. Authorized Agent.
By using the JoynIn Service, you are appointing JoynIn to be your agent and authorizing JoynIn to store access credentials for third party web sites that you may provide to JoynIn, and to act on your behalf to access and interact with such third party web sites (using stored access credentials, where applicable) for purposes of retrieving account and profile information necessary for operating the JoynIn Service, and for posting materials to such sites upon your request.
5. JoynIn Points; Check-Ins.
a) JoynIn Points. JoynIn may make available to you a feature where you may accrue points for using designated features of the JoynIn Service (“Points”). Points represent a set of rights governed solely under these Terms, and are not redeemable for any sum of money or monetary value from JoynIn at any time. You may accrue Points in a variety of ways. Without limiting the generality of the previous sentence, Points are specific to a particular Participating Merchant and cannot be transferred between merchants or between users. Between you and JoynIn, you agree that you do not “own” the Points and that JoynIn has the absolute right to manage, regulate, control, modify and/or eliminate such Points in its sole discretion, in any general or specific case, and that JoynIn will have no liability to you based on its exercise of such right. JoynIn may from time to time permit Participating Merchants to manage, regulate, control, modify and/or eliminate such Points, in any general or specific case, and we and they will have no liability to you based on their exercise of such right. FOR CLARITY, THIS MEANS JOYNIN AND PARTICIPATING MERCHANTS MAY AT THEIR DISCRETION TAKE AWAY POINTS THAT YOU RECEIVED, AND IN THE EVENT YOU HAVE SUCCESSFULLY USED POINTS RECEIVED TO UNLOCK AN OFFER (AS DESCRIBED BELOW), THIS MAY RESULT IN A NEGATIVE POINTS BALANCE. In addition to the ability to accumulate Points, you may use accumulated Points associated with a Participating Merchant to unlock offers that such Participating Merchant may make available to you from time to time. The redemption of such offer from a Participating Merchant, and any other business transaction is only between you and such Participating Merchant, and JoynIn has no liability to you for a Participating Merchant’s failure to honor the terms of any offer. Where you choose to unlock an offer, the total Points you have associated with such Participating Merchant will be reduced by the number of points required to unlock such offer. Your failure to Check-In to an event organized using the JoynIn Service (a “Drop-In”) may result in the cancellation of any points received in relation to such Drop-In. You are solely responsible for any tax liability related to your use of the JoynIn Service, including any tax liability related to Points, and you shall indentify JoynIn for all costs, losses, liabilities and expenses, including penalties, arising from any failure to do so.
b) Check-Ins. The JoynIn Service may from time to time include a feature where you and your friends can confirm that you have visited a Participating Merchant listed on the JoynIn Service, purchased products or services from such Participating Merchant during your visit, or have otherwise met the criteria as specified by such Participating Merchant. When you meet such criteria, you may then access the JoynIn Service to confirm this, and such confirmation will be called a “Check-In”. ONCE YOU HAVE RECORDED A CHECK-IN, YOU MAY BE ELIGIBLE TO RECEIVE POINTS ASSOCIATED WITH SUCH CHECK-IN, SUBJECT TO JOYNIN’S AND PARTICIPATING MERCHANTS’ RIGHTS TO MANAGE AND EVEN TAKE AWAY POINTS AS NOTED IN SECTION 5(A).
6. Client Designees; Payment; Fraud.
a) Client Designees. Participating Merchants listed on the JoynIn Service may elect to designate certain employees, independent contractors, promoters, or other users of the JoynIn Service as “Client Designees”. If you are a Client Designee, you will be able to review and reject Check-Ins, submit User Submissions, and use other available features of the service on behalf of the Participating Merchant that designated you (the “Designating Merchant”). As a Client Designee, you acknowledge that your use of any features that JoynIn may make available to Client Designees is subject to these terms along with any policies, rules, and regulations as provided by a Designating Merchant, and you agree to comply with all such terms. Where any policies, rules, and regulations provided by a Designating Merchant conflict with these Terms, you must immediately cease all use of the JoynIn Service until the policies, rules, and regulations provided by such Designating Merchant no longer conflict with these Terms. You may only access and use features intended for Client Designees during the period where you are a Client Designee of such Participating Merchant. Your use of certain features available to Client Designees may subject the Designating Merchant to charges, and you understand that any attempt to interfere with or manipulate any features available to you is not permitted, violates these Terms, your Designating Merchant may have additional remedies against you, and your actions may constitute fraud or other crimes that we may refer to law enforcement authorities.
b) Payment. JoynIn may from time to time invite Client Designees to receive payments from JoynIn for use of certain features of the JoynIn Service or with respect to certain Merchants. Where JoynIn has invited a Client Designee to register to receive payments for the use of certain features of the JoynIn Service, and Client Designee registers to receive such payments, JoynIn shall pay Client Designees its current standard revenue share associated with revenue derived from fees paid by a Designating Merchant to JoynIn in relation to such feature, less deductions for fraud, charge-backs, refunds, credit card processing fees, uncollected amounts, agency fees, marketing credits and referral fees, due and payable within the time period, and according to any other conditions, JoynIn may specify at the time Client Designee registers to receive payments, or at any time after that. Client Designee shall be solely responsible for the payment of, and shall pay when due, all applicable federal and state taxes, including any sales, use, excise or transfer taxes and other taxes associated with payments to Client Designee under this Section 6(b) (except for taxes assessed on JoynIn’s net income), and shall indemnify JoynIn for all costs, losses, liabilities and expenses, including penalties, arising from any failure to do so.
c) Fraud. JoynIn will not be obligated to pay for any fraudulent Check-Ins generated by any person, bot, automated program or similar device, as reasonably determined by JoynIn. JoynIn shall use commercially reasonable efforts to notify Client Designee of such fraudulent activity within thirty days after the end of the month in which the fraudulent activity occurred. JoynIn will not be obligated to make a payment to Client Designee for any Check-In JoynIn believes in its reasonable discretion was made through any fraudulent or invalid means, including the fraudulent use of location data, or where such Check-Ins do not meet all of the requirements posted by Designating Merchant and JoynIn at the time of such Check-In validation. Where JoynIn has made any payments to Client Designee that JoynIn later reasonably believes in its sole discretion relates to a fraudulent or invalid Check-In, Client Designee will, at JoynIn’s request, return any such payment, or alternatively JoynIn may elect to offset any future payment to Client Designee by such amount.
d) Independent Contractor. It is the express intent of both JoynIn and Client Designee that any services Client Designee may perform for JoynIn shall be performed as an independent contractor. Nothing in these terms and conditions shall in any way be construed to constitute any Client Designee as an agent, employee or representative of JoynIn. JoynIn and Client Designee agree that Client Designee will receive no JoynIn-sponsored benefits from JoynIn where benefits include, but are not limited to, paid vacation, sick leave, medical insurance and 401k participation. If Client Designee is reclassified by a state or federal agency or court as JoynIn’s employee, Client Designee will become a reclassified employee and will receive no benefits from JoynIn, except those mandated by state or federal law, even if by the terms of JoynIn’s benefit plans or programs in effect at the time of such reclassification, Client Designee would otherwise be eligible for such benefits.
7. Privacy and other Policies.
b) Guidelines. When using the JoynIn Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
a) Generally. JoynIn may supply certain software, plugins, or toolbars that you can download and install on your computer or device to enable you to access features of the JoynIn Service without browsing to the JoynIn Site. Such plugins, toolbars, mobile phone applications, and any other downloadable software made available to you by JoynIn are expressly a part of the JoynIn Service, and their use is governed by these Terms including any applicable associated Guidelines. You may not modify, reverse engineer, decompile, or otherwise attempt to access or derive the source code to any toolbar, plugin, mobile phone application, or other software component made available to you by JoynIn in object code form, except as authorized by applicable law or as expressly provided in separate terms governing the use of such component.
b) Limited License for the App. Subject to your complete and ongoing compliance with all the terms and conditions set forth in the Terms, JoynIn grants you (i) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install one copy of the App downloaded from a legitimate marketplace, and to use such App so installed, or that may have been pre-installed on your mobile device by the device manufacturer, in each case solely in object code format, on only one compatible mobile device that you own or control, solely for lawful purposes, and, except for Participating Merchants and Client Designees, solely for your personal, non-commercial use. You may not reproduce, distribute, publicly display, or publicly perform the App. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to the App; or (ii) interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism. The term App, as used herein, includes subsequent Apps you download and any update or modification to the App (unless provided with separate terms). If you are prohibited under applicable law from using the App or the JoynIn Service, you may not use them. The JoynIn Service uses mobile networks and there may be disruptions to the JoynIn Service which will interfere with the quality of your experience.
c) Location-Based Services. Some of the features of the Service may enable JoynIn to tailor your experience based on your location (“Location-based Services”). In order to use Location-based Services, you must allow JoynIn access to your localized position through your mobile phone, which JoynIn may accomplish through a variety of means, including GPS location, if available. If you choose to disable Location-based Services on your device, you will not be able to utilize certain features of the JoynIn Service. By authorizing JoynIn to access your location, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the JoynIn Service and (ii) JoynIn may provide Location-based Services related to your then-current location. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, AND JOYNIN DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION BASED SERVICES.
d) Third Party Software. The mobile device software you download consists of a package of components, including certain third party software ("Third Party Software" and together with the App for Android OS, the “Package”) provided under separate license terms (the "Third Party Terms"), as described in more detail at www.heyjoynin.com/legal. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this Agreement is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this Agreement is intended to impose further restrictions on your use of the Third Party Software.
9. Prohibited Conduct –YOU PROMISE NOT TO:
a) Upload, post, or make available copyrighted or confidential material you do not own or have the legal right to distribute, display and share with others, such as photos, music, TV shows, or movies;
b) Access or attempt to access content or features of the JoynIn Service for which you have not registered and/or been permitted access;
c) Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the JoynIn Service, or any of the permissions granted herein;
d) Use the JoynIn Service on behalf or for the benefit of any third party, except for Client Designees, as described in these Terms.
e) Upload or send to any other person pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
f) Impersonate another person or entity, or access another user's account without that user's permission;
g) Share JoynIn passwords with any third party or encourage any other user to do so;
h) Misrepresent the source, identity, or content of information transmitted via the JoynIn Service; or
i) Use the JoynIn Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email marketing.
j) Access any information, communications, offers, and other content provided by or about Participating Merchants that are intended for a specific age group, such as offers or other information related to products or services intended for users at or above the legal drinking age for alcoholic beverages, where you are below the required age. You will not access or use, attempt to access or use, or encourage any other user to access or use any such information, offers, etc. where you or any other user is below the legal age for such products or services.
k) Use the JoynIn Service to copy, extract, summarize, distribute or otherwise use the JoynIn Service and all information provided through the JoynIn Service, including any portion thereof, in any manner which competes with or substitutes for the JoynIn Service.
l) Access the JoynIn Service from territories where its contents are illegal. The JoynIn Service is designed for customers in the United States. Those who choose to access the JoynIn Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
m) Use the JoynIn Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the JoynIn Service. You may not attempt to gain unauthorized access to the JoynIn Service, or any part of it, other accounts, computer systems or networks connected to the JoynIn Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the JoynIn Service or any activities conducted on the JoynIn Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the JoynIn Service. You may not modify the JoynIn Service in any manner or form, nor use modified versions of the JoynIn Service.
n) Use any robot, spider, scraper, or other automated means to access the JoynIn Service for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the JoynIn Service. The JoynIn Service may contain robot exclusion files.
10. User Submissions.
a) General. The JoynIn Service may provide certain features which enable you to directly and indirectly post content, including text, images, audiovisual and other types of works (such as by creating a profile, posting messages, or commenting on other users’ posts) (a “User Submission”), and provides for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by JoynIn. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not JoynIn, are entirely responsible for all User Submissions that you make available through the JoynIn Service.
b) No Obligation to Publish. JoynIn makes no representations that it will publish or make available on the JoynIn Service any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the JoynIn Service, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, JoynIn complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see “Digital Millennium Copyright Act” below). Additionally, where you are a Client Designee, JoynIn may from time to time permit the Designating Merchant to remove, edit, or reject any User Submission at any time with or without notice, and without any liability to you.
c) License Grant by You to JoynIn. By submitting User Submissions to JoynIn, you hereby grant JoynIn and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, copy, reproduce, distribute, transmit, publicly display, modify, and publicly perform your User Submissions and adaptations thereof, and to collect, combine, aggregate, and analyze, data related thereto, in connection with the operation and promotion of the JoynIn Service, in any medium now known or hereafter developed. You understand and acknowledge that the foregoing license is perpetual and JoynIn may not delete User Submission information provided by you or others simply because you have requested it. In many cases the social features and archival practice of the JoynIn Service will make such deletions impractical.
d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize JoynIn to use your User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above, and ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
11. Modification of the Terms.
From time to time, JoynIn may change, modify, add, or remove portions of the Terms, 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 Terms 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. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the JoynIn Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the JoynIn Service, except that (i) disputes between you and JoynIn will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the JoynIn Service. Your continued use of the JoynIn Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.
You may provide JoynIn with information and feedback regarding the features and performance of the JoynIn Service, including reports of failures, errors, or other malfunctions you encounter in the JoynIn Service along with any associated error messages (the “Feedback”). Feedback provided to JoynIn may be used by JoynIn to improve the JoynIn Service, and accordingly, you hereby grant JoynIn a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
13. Ownership; Proprietary Rights.
The JoynIn Service is owned and operated by JoynIn, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the JoynIn Service provided by JoynIn ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials, including all intellectual property rights therein, belong to JoynIn or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to JoynIn or its affiliates and/or third party licensors. Except as expressly authorized by JoynIn, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
14. Third Party Sites, Products and Services; Links.
The JoynIn Service may include links to other web sites or services, including those of Participating Merchants, users, and advertisers, solely as a convenience to users ("Linked Sites"). JoynIn does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites, whether or not associated with any Subscriber. Furthermore, JoynIn makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
You may have access to information, offers, and other materials posted by Participating Merchants or Client Designees affiliated with such Participating Merchants using the JoynIn Service. Without limiting the generality of anything stated above regarding Linked Sites, information posted by or about Participating Merchants may be inaccurate, incomplete, out of date, or contain errors in the descriptions of the business and its products and services (“Errors”). JoynIn does not endorse such Participating Merchants, and JoynIn disclaims all responsibility and liability for any Errors, or the failure of a Participating Merchant to honor any offers or other statements regarding the Participating Merchant and its products, services, pricing, availability of products and services, discounts, special offers, etc. Furthermore, JoynIn makes no express or implied warranties with regard to the Participating Merchant information, products, and services described in this paragraph that is contained on or accessible through the JoynIn Service. Your correspondence or business or other dealings with advertisers or other third party service providers, including Participating Merchants, encountered on or through the JoynIn Service is solely between you and such third party.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT JOYNIN WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE JOYNIN SERVICE.
Except as explicitly stated otherwise, legal notices will be served on JoynIn at 1738 St. Andrews Drive, Moraga, California 94556. Legal notices will be served on you at either the email or physical address you provide to JoynIn during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.
a) By JoynIn. You agree that JoynIn, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with JoynIn or use of the JoynIn Service and remove and discard all or any part of your account or any User Submission, at any time. JoynIn may also in its sole discretion and at any time discontinue providing access to the JoynIn Service, or any part thereof, with or without notice. You agree that any termination of your access to the JoynIn Service or any account you may have or portion thereof may be affected without prior notice, and you agree that JoynIn will not be liable to you or any third party for any such termination. JoynIn does not permit copyright infringing activities on the JoynIn Service and reserves the right to terminate access to the JoynIn Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the JoynIn Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies JoynIn may have at law or in equity.
b) By You. You may terminate your account, these Terms and your right to use the JoynIn Service at any time and for any reason or no reason, by contacting JoynIn customer support at firstname.lastname@example.org, and immediately discontinuing all use of the JoynIn Service, including discontinuing use of and deleting copies of any and all embedded widgets, plugins, Apps, or other software components.
c) Survival. Sections 6, 7, 10, and 12 through 21 will survive any termination of these Terms.
17. Disclaimers; No Warranties.
THE JOYNIN SERVICE CONTAINS PARTICIPATING MERCHANT PRODUCT AND SERVICE RELATED INFORMATION POSTED BY OTHER USERS OF THE JOYNIN SERVICE INCLUDING PARTICIPATING MERCHANTS. JOYNIN MAY NOT MONITOR, MODERATE, EDIT, CONFIRM, VET, VERIFY, OR OTHERWISE ENSURE THAT THE INFORMATION IS COMPLETE, ACCURATE, UP TO DATE, OR OTHERWISE SAFE TO USE OR RELY ON. JOYNIN MAY PROVIDE CERTAIN INDICIA OF A USER’S ASSOCIATION WITH A PARTICIPATING MERCHANT WHICH ARE NOT AN INDICATION THAT INFORMATION SUPPLIED BY THE USER IS MORE ACCURATE, RELIABLE OR VALUABLE, NOR DOES IT INDICATE ANY ENDORSEMENT BY OR AFFILIATION WITH JOYNIN.
THE JOYNIN SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, THE APPS, ANY DATA, CONTENT, ANALYTICS, FEATURES, OR ANY OTHER SERVICE OR INFORMATION PROVIDED BY JOYNIN), USER SUBMISSIONS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JOYNIN SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOYNIN AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JOYNIN AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE JOYNIN SERVICE OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY APPS AND USER SUBMISSIONS, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, SOFTWARE, CONTENT, OR DATA THROUGH THE JOYNIN SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE JOYNIN SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT USE OF THE APPS, INCLUDING OVERUSE, IMPROPER USE, USE WHILE DRIVING OR OPERATING OTHER MACHINERY OR ENGAGING IN OTHER ACTIVITIES, OR FAILURE TO BE AWARE OF YOUR SURROUNDINGS OR KEEP A FIRM GRIP ON ANY HANDHELD DEVICE YOU USE TO ACCEESS THE APPS, COULD RESULT IN HARM OR INJURY TO YOURSELF OR OTHERS AND DAMAGE TO SUCH DEVICE, OR TO OTHER PROPERTY, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH HARM, INJURY, OR DAMAGE.
JOYNIN MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO PARTICIPATE IN ANY OFFER OR CONTEST OFFERED ON OR IN CONNECTION WITH THE JOYNIN SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH JOYNIN HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
18. Limitation of Liability and Damages.
IN NO EVENT WILL JOYNIN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE JOYNIN SERVICE OR ITS CONTENT, INCLUDING USER SUBMISSIONS, OR ANY OTHER LINKED WEB SITE, APPLICATION, OR OTHER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF JOYNIN OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JOYNIN OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY WHICH EXCEED THE LESSER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID JOYNIN IN THE TWO MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. YOU WILL NOT COMMENCE ANY ACTION, SUIT OR PROCEEDING AGAINST JOYNIN MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY INTERACTION WITH, OR PRODUCTS OR SERVICES SOLD OR PROVIDED BY, OR INFORMATION POSTED OR PROVIDED BY, THIRD PARTIES OTHER THAN JOYNIN, EVEN IF ADVERTISED ON THE JOYNIN SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE JOYNIN SERVICE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND JOYNIN, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND JOYNIN, JOYNIN’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT JOYNIN WOULD NOT BE ABLE TO OFFER THE JOYNIN SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
You agree to indemnify, defend, and hold JoynIn, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of or related to any products or services advertised, listed, or purchased by you in connection with the JoynIn service, your use or misuse of the JoynIn Service, your violation of these Terms or any law, or any breach of the representations, warranties, and covenants made by you in these Terms. JoynIn reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify JoynIn, and you agree to cooperate with our defense of these claims. JoynIn will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You are solely responsible for you interactions with advertisers, Participating Merchants, and other users of the JoynIn Service. To the extent permitted under applicable law, you hereby release JoynIn from any and all claims or liability related to any product or service of a Participating Merchant or advertiser, any action or inaction by Participating Merchant or advertiser, including Participating Merchant or advertiser’s failure to comply with applicable law and/or failure to abide by or honor the terms of any offers, and any conduct or speech, whether online or offline, of any other user.
20. Digital Millennium Copyright Act Compliance.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the JoynIn Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the JoynIn Service are covered by a single notification, a representative list of such works at the JoynIn Service;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit JoynIn to locate the material;
(iv) Information reasonably sufficient to permit JoynIn to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The JoynIn Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at JoynIn, 1738 St. Andrews Drive, Moraga, California 94556, or by email at email@example.com. For clarity, only DMCA notices should go to the JoynIn Designated Copyright Agent. Any other feedback, comments, requests for technical support, reports of user abuse, or other communications should be directed to JoynIn customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of JoynIn. JoynIn may freely assign or transfer these Terms. Without limiting the foregoing, JoynIn, Inc. may change its name without consent or notice. JoynIn and you are independent contractors, and, except for the limited case described in Section 4, neither JoynIn nor you are an agent, representative or partner of the other. JoynIn may work with third parties to fulfill any obligations in these Terms or to support the JoynIn Service. Any dispute hereunder will be negotiated in good faith between the parties within ten (10) business days commencing upon written notice from one party to the other, failing which either party may exercise any remedies which it may have at law or in equity.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state or federal courts in and for the City of San Francisco, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If you are a Client, as defined in the Business Terms and Conditions Agreement that incorporates these Terms by reference, you agree that these Terms shall not limit any obligations you may have to JoynIn under such Business Terms and Conditions Agreement. The waiver of any breach or default of these Terms will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in these Terms is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of these Terms will remain in full force and effect. Headings are provided for convenience but do not constitute part of these Terms.
The services hereunder are offered by:
1738 St. Andrews Drive
Moraga, California 94556
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.