Terms of Service
Last Modified: August 18, 2023
1. Your Acceptance
Welcome to the Joyraft Terms of Service. This is an agreement (“Agreement”) between TTYMS, Inc. (“Joyraft"), the owner and operator of www.Joyraft.com and the Joyraft software, mobile application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “User”). Throughout this Agreement, the words “Joyraft,” “us,” “we,” and “our,” refer to our company, Joyraft, as is appropriate in the context of the use of the words. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLIENT ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
2. Registering for an Account
After registering for our Platform we shall grant you a personal, non-transferable, non-assignable, limited, fully revocable right to access the Platform as permitted by us and in accordance with this Agreement. Where you download any mobile application or software to access the Platform we grant you a personal, non-transferable, non-assignable, limited, fully revocable license to use and access the platform. All rights not explicitly granted are reserved for Joyraft. If you breach this Agreement, your access or license to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct
4. Platform Ownership
You acknowledge the Platform including any structure, organization, and code, any hosted services, and all mobile applications or software components are proprietary to Joyraft and/or Joyraft's licensors and that Joyraft and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Joyraft. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Joyraft to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Joyraft. All rights not expressly granted are reserved for Joyraft.
5. Platform and Services
The Joyraft Platform is an event based social network that allows users to connect with Hosts (defined below) and other third parties. All information and content provided by Joyraft relating to the Platform is for informational purposes only, and Joyraft does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. You acknowledge that all information and content accessed by you using the Platform is at your own risk. You may use the Platform solely as allowed and provided for by Joyraft. Please be aware that the Platform is offered “as-is” and “as-available.” We reserve the right to modify, update, remove, delete, or otherwise change the Platform, any portions of it, or any services offered at our discretion.
6. Text Messaging and Electronic Communications
The Platform may communicate with you electronically via text, email, or other format. You may opt out of communications by following the instructions as stated within communication or accessing your account dashboard. If you believe any communications sent are inappropriate, please contact us immediately. Please be aware that standard phone messaging, data messaging, and text message rates apply, please consult your carrier or telecommunications provider for a standard list of rates.
7. User Privacy
8. Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
· You way not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping” or unauthorized use of the server API;
· You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
· You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
· You may not use automated bots or other software to send more messages through our Platform than humanly possible;
· You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
· You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
· You may not access our Platform in an attempt to build a similar or other competitive product;
· You may not use the Platform in an unlawful manner;
· You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
· You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
· You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
· You may not violate any requirements, procedures, policies or regulations of networks connected to Joyraft;
· You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
· You may not interfere with or disrupt the Platform;
· You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
· You agree that you will not hold Joyraft responsible for your use of our Platform; and
· You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Joyraft reserves the right to suspend or terminate any account at any time without notice or explanation.
9. User Content
Any User’s ability to submit or transmit any information through the Platform, including but not limited to any content, data, recordings, information, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant Joyraft, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any and all purposes. User Content will be shared with third parties and all Users understand that their User Content may be broadcast, transmitted, and shared with the general public at large. Joyraft has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Joyraft shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
10. User Content Guidelines
Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content you agree to the following:
· You agree that User Content submitted is truthful, up-to-date, and accurate;
· You agree not to submit any User Content that contains any confidential information;
· You agree not to submit any User Content that contains nudity, or sexual, or explicit content;
· You agree not to submit any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;
· You agree not to submit any User Content contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
· You agree not to submit any User Content that is considered spam or politically controversial; and
· You agree not to submit any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated.
11. User Messaging and Comments
Through the Platform User may be able to send messages or comments. As Joyraft is a community we expect all messages and comments to be sent in civil and reasonable manner as if you were having a conversation with another user in person. All messages or comments are considered User Content and subject to the User Content Guidelines. Please refrain from using the messaging and comments to send unsolicited communications, promotions or advertisements, or spam. As a User you agree not to misrepresent or impersonate another business or User or otherwise mislead Users while using the messaging or comment features offered by the Platform. Further, you agree not to transmit any computer viruses, worms, trojan horses or other malware, or trespass, burden network capacity, or otherwise disable, override or interfere with any portions of the Platform. We reserve the right but not the obligation to review any messages or comments and you should be aware that any messages or comments may be visible to other Users. We may delete, remove, edit, or modify any messages or comments that violate this Agreement including the User Content Guidelines and may do so at our discretion. Please be aware that we are not required to provide you an explanation for any deletion, modification or removals.
12. User Content Accessibility
User understands that when submitting any User Content to the Platform, such User Content may be shareable or viewable by third parties. Therefore, User agrees that it shall not share any User Content that is highly sensitive or confidential. Any User Content may be insecure and may be publicly accessible. User releases Joyraft from any liability related to the exposure or mis-use of any User Content submitted through the Platform.
13. Monitoring User Content
Joyraft shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Joyraft shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.
14. Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform along with any offered Joyraft services will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
15. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any Joyraft services, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the Joyraft services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.
16. User Account Holds
From time to time, Joyraft may place a hold (“Hold”) on a User’s account. Some of the reasons that we may place a Hold on User’s account include but are not limited to the following: (1) if we have reason that User’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend User’s access to the Platform while such Hold is in place.
17. Intellectual Property
The name “Joyraft” along with the design of the Joyraft Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Joyraft, subject to copyright and other intellectual property rights under United States, foreign laws, and international conventions. Joyraft reserves all rights not expressly granted in and to the Marks. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission.
18. Idea Submission
Joyraft or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Joyraft. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Joyraft’ products might seem similar to ideas you submitted to Joyraft. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of Joyraft, without any compensation to you; (2) Joyraft may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Joyraft to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
19. Users and Hosts
Through the Platform, User may be able to connect with other users that organize events or activities (“Hosts”) or other third parties. Please be aware that you are solely responsible for any interactions with any other users of the Platform including any Hosts. Joyraft does not endorse, may not verify, and does not warrant any Hosts encountered on the Platform and has no affiliation with such Hosts. THE USER AGREES TO HOLD JOYRAFT FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR ACCESS TO OR INTERACTIONS WITH ANY HOST INCLUDING ANY HOST USER CONTENT OR ANY OTHER THIRD PARTY. JOYRAFT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OR HOST, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY HOST OR ANY HOST USER CONTENT ENCOUNTERED BY USER. User and Host are solely responsible for resolving any disputes between the parties. Although Joyraft may display Host User Content based on information provided by a Host; Joyraft does not introduce, endorse, verify, or recommend any Host User Content. Any opinions, advice, or information expressed by any Host are those of the individual and the individual alone and they do not reflect the opinions of Joyraft. Please use caution and common sense when sharing any User Content with a Host. Joyraft does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Host Content or any actions by a Host. Any agreements entered into between User and Host are solely between the parties and Joyraft is not a party to such agreements. User shall indemnify and hold harmless Joyraft from any claims related to any Hosts in accordance with this Agreement.
20. Third Party Content
Joyraft does not endorse or warrant any third party content including but not limited to any materials, results, information, or other data provided by a third party such as a Host, other users, or third party websites (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered on the Platform. If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, Joyraft assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER JOYRAFT, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY JOYRAFT SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JOYRAFT, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. JOYRAFT DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. JOYRAFT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY USER CONTENT) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. JOYRAFT DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND JOYRAFT SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
22. Limitation of Liability
IN NO EVENT SHALL JOYRAFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE JOYRAFT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY JOYRAFT’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO USE THE PLATFORM DURING THE PAST SIX (6) OR ONE HUNDRED USD, WHICHEVER IS LESSER.
You agree to defend, indemnify and hold harmless Joyraft, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the Joyraft Platform and your interaction with any other users (including Hosts) of the Platform;
your violation of any term of this Agreement; or
your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Joyraft Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
· Your name.
· The name of the party whose copyright has been infringed, if different from your name.
· The name and description of the work that is being infringed.
· The location on our Platform of the infringing copy.
· A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
· A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Joyraft,[email protected] or PO Box 590455, Newton Center, MA 02459.
In the event that you receive a notification from Joyraft stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
· Your name, address, email and physical or electronic signature.
· The notification reference number (if applicable).
· Identification of the material and its location before it was removed.
· A statement under penalty of perjury that the material was removed by mistake or misidentification.
· Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your Vendor is located (if you are not in the US).
· Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
25. Choice of Law
This Agreement shall be governed by the laws in force in the state of Massachusetts. The offer and acceptance of this contract is deemed to have occurred in the state of Massachusetts.
Any dispute relating in any way to your visit to the Platform or the Joyraft services shall be submitted to confidential arbitration in Boston, MA. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association found at adr.org. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief) in a court of competent jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Boston, MA.
You may opt-out of this dispute resolution provision by notifying Joyraft within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to PO Box 590455, Newton Center, MA 02459, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Joyraft through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Boston, MA.
27. Class Action and PAGA Waiver
You and Joyraft agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a Client action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Joyraft are deemed to conflict with each other’s operation, Joyraft shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
30. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, PAGA and Class Action Waivers, Indemnification, and Arbitration sections.
You may cancel your access to the Platform or terminate this Agreement any time via your Joyraft dashboard or contacting us at [email protected]. Please be aware that upon termination of your account or subscription, access to all or portions of our Platform may become immediately disabled and any User Content may become immediately inaccessible. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Joyraft, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
32. Entire Agreement and Notices
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.
34. Electronic Communications
The communications between you and Joyraft use electronic means, whether you visit the Platform or send Joyraft e-mails, or whether Joyraft posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Joyraft in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Joyraft provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
35. Platform Issues
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at [email protected]
36. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Joyraft must be sent to our agent for notice to: [email protected] or PO Box 590455, Newton Center, MA 02459.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
37. Additional Terms for Hosts
Where a User uses the Platform to create an event or other activity such User shall be referred to as a “Host”. Hosts are subject to all User terms and the additional terms as stated in Sections 36-41. We reserve the right to discontinue any services offered by the Platform at our discretion including all services used by Host to interact with the Platform or other users. We reserve the right to reject or terminate any Host account at our discretion.
38. Independent Contractors
This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between a Host and Joyraft. The relationship of the parties is as independent contractors. Host has no authority (and shall not hold himself or herself out as having authority) to bind Joyraft and Host shall not make any agreements or representations on Joyraft 's behalf without Joyraft’s prior written consent.
39. Event Pages and Policies
Through the Platform, Hosts may be able to create event or activity pages (collectively “Event Page(s)”). Event Pages are set up and controlled by Hosts and the Host represents and warrants that all such Event Pages shall be regularly updated and contain truthful, up-to-date, and accurate information. Event Pages must have clear terms and conditions and a clear posting of any policies related to any event that Host creates. Joyraft reserves the right to remove any Event Page at its discretion.
40. Host User Content
For any User Content that a Hosts submits to the Platform, Host represents and warrants that: (1) Host owns or has properly licensed all Host User Content provided; (2) the Host User Content does not and will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the Host User Content offered does not violate any United States state or federal laws or any third party agreements; (4) Host has the sole, exclusive and unencumbered ownership of all rights of every kind and character throughout the universe in and to the Host User Content and has clear title to any other subsidiary materials contained in the Host User Content; and (5) Host has the absolute right to grant to Joyraft, all rights, licenses and privileges granted to or vested in Joyraft for any Host User Content.
Users and Hosts are solely responsible for resolving any disputes between the parties. Joyraft may not assist in resolving any disputes, but reserves the right to do so. Where Joyraft assists in a dispute, Host agrees to abide by any decisions made by Joyraft with regards to such a dispute.
42. Host and User Interaction
THE HOST AGREES TO HOLD JOYRAFT FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF ANY INTERACTIONS WITH USERS. JOYRAFT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY USER OR USER CONTENT ENCOUNTERED. Any contracts entered into between a Host and any User are solely between those parties. Any agreements or services exchanged shall solely be the responsibility of User and Host. Joyraft may not be obligated and is not a party to any contract that such parties may enter.