Terms of Service
Last updated: February 18, 2021
Welcome to Joyride Games!
Joyride Games, Inc. a Delaware corporation (hereinafter, "Joyride," "we," "us," and/or "our") provides an interactive entertainment platform which enables users to play online games solo or with other users and engage in social interactions with other users (the Platform) which is accessible via the Joyride website located at "https://www.onjoyride.com" (the Site) and the mobile applications made available by Joyride through the iOS app stores and for download through the Site (the "Joyride Apps"). When we refer to the "Joyride Services" throughout these Terms of Service (hereinafter, these "Terms""), we mean the Platform, Site, Joyride Apps, and any other products, websites, services, applications and/or other products that include a link and/or reference to these Terms, and any related services and/or new features and/or functionality provided by us through or in connection with any of the foregoing.
IMPORTANT -- PLEASE READ THESE TERMS CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN YOU AND JOYRIDE GOVERNING YOUR USE OF THE JOYRIDE SERVICES. BY USING OR ACCESSING THE JOYRIDE SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE AND/OR DOWNLOADING ANY JOYRIDE APP, YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS; (2) REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS IN SECTION 1 BELOW; AND (3) YOU AGREE THAT YOU ARE ENTERING INTO THESE TERMS (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW) WITH JOYRIDE, INC.
NOTICE OF AGREEMENT TO ARBITRATE: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH IN, AND SUBJECT TO, SECTION 19.
NOTICE OF WARRANTY & LIABILITY DISCLAIMERS: PLEASE BE ADVISED THAT JOYRIDE DOES NOT PROVIDE ANY WARRANTIES TO YOU AND THESE TERMS LIMIT OUR LIABILITY TO YOU. PLEASE SEE SECTIONS 8.2, 10.3, 13 AND 14 FOR FURTHER INFORMATION.
NOTICE OF RELEASE & WAIVER: PLEASE BE ADVISED THAT THESE TERMS REQUIRE YOU TO RELEASE AND WAIVE CERTAIN RIGHTS AND REMEDIES YOU MAY HAVE AS SET FORTH IN SECTIONS 7.8 AND 12.
NOTICE OF RELEASE & WAIVER: PLEASE BE ADVISED THAT THESE TERMS REQUIRE YOU TO RELEASE AND WAIVE CERTAIN RIGHTS AND REMEDIES YOU MAY HAVE AS SET FORTH IN SECTIONS 7.8 AND 12.
YOU MAY NOT ACCESS OR USE THE JOYRIDE SERVICES (OR ANY PART THEREOF) IF YOU DO NOT AGREE TO THESE TERMS.
- ELIGIBILITY. You must be at least 18 years old or the age of majority in your jurisdiction to create an account for the Joyride Services (an "Account") and to otherwise access and/or use the Joyride Services (or any part thereof). You affirm and represent and warrant, that you are 18 years old or the age of majority in your jurisdiction, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
- ADDITIONAL TERMS & POLICIES THAT APPLY TO THE JOYRIDE SERVICES
- 2.1 Additional Terms - Generally. When using particular services or materials through or in connection with the Joyride Services, you will be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in these Terms, including, without limitation, Joyride’s Privacy Notice, Content and Community Guidelines, Contest Rules, and Infringement Policy (all of the foregoing, collectively, the "Additional Terms"). All such Additional Terms are hereby incorporated by reference into these Terms. In the event the provisions of any Additional Terms conflict with these Terms, the Additional Terms shall control solely with respect to the subject matter covered by such Additional Terms.
- 2.2 Privacy. If you provide us any personal information in connection with your access and/or use of the Joyride Services, Joyride will process such personal information as described in these Terms and Joyride’s Privacy Notice. By using the Joyride Services, you acknowledge and agree that Joyride can process your information in accordance with these Terms and as set forth in the Privacy Notice.
- 2.3 Content Standards & Community Guidelines. By using the Joyride Services, you agree to comply with Joyride’s Content Standards and Community Guidelines.
- 2.4 Joyride Contest Rules. If you participate in any games and/or contests through the Joyride Services where you play against other users for the opportunity to win certain prizes (“Contests”), you acknowledge and agree that you will be subject to, and agree to comply with, the Contest Rules.
- 2.5 Joyride Infringement Policy. If you believe that the Joyride Services (or any part thereof) and/or any content or materials made available through the Joyride Services violates your copyright and/or trademark rights, please see Joyride’s Infringement Policy for instructions on sending us a notice of copyright and/or trademark infringement.
- CHANGES TO THESE TERMS & THE JOYRIDE SERVICES
- 3.1 Modifications to these Terms. Joyride reserves the right to update or modify these Terms at any time. All updates and modifications to these documents will be effective from the day they are posted online (except as otherwise stated in this Section 3.1). If we make any material changes to these Terms, we will post a notice of the changes on the Site at https://www.onjoyride.com/terms and through the user-interface of the Joyride Apps, and if we have an email address on file for you, we may notify you of these changes by sending a notification to the applicable email address. It is your responsibility to regularly visit and review these Terms. If you do not agree to any updates or modifications to these Terms, simply do not use or access the Joyride Services and terminate your Account (if applicable). Your continued use of the Joyride Services after we have posted the revised Terms, or, in the event of material changes, ten (10) days following the date Joyride first notified you of such material changes either through the Site, the user-interface of the Joyride App, and/or via email, as applicable, signifies to us that you acknowledge and agree to be bound by the revised Terms.
- 3.2 Changes to the Joyride Services. Joyride reserves the rights to either temporarily or permanently modify, suspend or discontinue the Joyride Services (or any part thereof) with or without notice. You agree that Joyride will not be liable to you or to any third party for any modification, suspension or discontinuance of the Joyride Services (or any part thereof).
- TERM; TERMINATION
- 4.1 Term. These Terms will remain in full force and effect as long as you continue to access or use the Joyride Services (or any part thereof), or until terminated in accordance with the provisions of these Terms.
- 4.2 Termination. You may terminate these Terms at any time by providing Joyride written notice of such termination to firstname.lastname@example.org; subject line: “Notice of Termination” or by terminating the Account through the interface of the Joyride Services. At any time, Joyride may (a) suspend or terminate your rights to access or use the Joyride Services (or any part thereof), or (b) terminate these Terms with respect to you if Joyride, in good faith, believes that you have used the Joyride Services (or any part thereof) in violation of these Terms, including any incorporated guidelines, terms or rules.
- 4.3 Effect of Termination. Upon termination of these Terms, your Account and your right to use the Joyride Services will automatically terminate, and you agree to cease all use of the Joyride Services and permanently delete the Joyride App from all your mobile devices. The rights and obligations applicable to you and Joyride under the following Sections shall survive any termination of these Terms: 1, 2, 3, 4.3, 5.4, 6.2, 6.3, 6.4, 6.5, and 7 through 21.
- ACCOUNTS; ACCOUNT SECURITY; MOBILE DEVICES & COMMUNICATIONS
- 5.1 Accounts. To access and use certain features of the Joyride Services you may need to create and register an Account. In registering an Account, you agree to provide and maintain up to date information that is true, accurate, current, up to date, and complete. You agree that you will not (a) create an Account using a false identity or information, and (b) create an Account or use the Joyride Services if you have been previously removed or banned by us from use of the Joyride Services, or any part thereof. You acknowledge and agree that you may only register one individual Account at any given time for your use of the Joyride Services. Without limiting the foregoing, Joyride reserves the right to limit the number of Accounts that can be created from any one computer or mobile device and the number of computer or mobile devices that can access an individual Account. In addition, without limiting any other rights or remedies of Joyride under these Terms and/or any Additional Terms, Joyride reserves the right to terminate any or all multiple Accounts controlled by a single individual and/or Accounts that are inactive for an extended period of time.
- 5.2 Account Security. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your Account. You are solely responsible for any activity originating from your Account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your Account.
- 5.3 Mobile Devices. You acknowledge and agree that in order to use the Joyride App, you must have a compatible mobile and/or tablet device. You are solely responsible for determining whether or not your mobile and/or tablet device is or is not compatible with the Joyride App and Joyride makes no representations or warranties whatsoever regarding the Joyride App and compatibility with any computer, mobile and/or tablet device. You further acknowledge and agree that you are solely responsible for any fees or charges incurred from your use of the Joyride App through your mobile and/or tablet devices, including, without limitation, any mobile phone provider charges for SMS, text, or data usage or services.
- 5.4 Electronic Communications. By using the Joyride Services, you consent to receiving electronic communications from Joyride, including, but not limited to, communications sent via email and/or text message or notifications posted on our Site and/or through the user-interface of the Joyride Apps. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to your use of the Joyride Services. These electronic communications are part of your relationship with Joyride and you receive them as part of your purchase. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- YOUR ACCESS AND USE OF THE JOYRIDE SERVICES
- 6.1 Access to the Joyride Services. Subject to your compliance with these Terms, Joyride hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to (a) install and use the Joyride Apps on mobile devices and/or tablets owned and/or controlled by you, and (b) to access and use the Joyride Services, over the internet, through the Site and/or Joyride Apps and view the Content (defined in Section 6.3 below), made available through the Joyride Services, in each case on a non-commercial basis, and otherwise in accordance with these Terms.
- 6.2 Prohibited Use. By using the Joyride Services (or any part thereof), you agree that you will not, and will not permit any other person to:
- Modify, adapt, translate or create derivative works based on the Joyride Services (or any part thereof), Content, or any related documentation;
- Reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Joyride App and/or Platform, except as expressly permitted by applicable law;
- Distribute, license, sublicense, assign, transfer or otherwise make available to any third party the Joyride Services, Content, or any related documentation;
- Remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Joyride or its suppliers on or within the Joyride Services, Content, or related documentation;
- Use the Joyride Services to store or transmit malicious code or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
- Interfere with or disrupt the integrity or performance of the Joyride Services or any system, network or data;
- Attempt to gain unauthorized access to the Joyride Services (or any part thereof) or Content, or its related systems or networks;
- Frame or utilize framing techniques to enclose the Joyride Services, Content, or any portion thereof;
- Use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Joyride Services, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Violate any contract, rules or policies that govern the use of your mobile and/or tablet device, as directed by the applicable wireless carrier and/or mobile device manufacturer; or
- Use the Joyride Services in violation of any applicable local, state, national or international law, including, without limitation, any and all applicable export laws.
- 6.3 Joyride Proprietary Rights. As between you and Joyride, Joyride and its licensors retain all right, title and interest in and to (a) any and all content, messages, data, text, graphics, images, photos, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Joyride Services, but excluding your User Content (collectively, the "Content"), (b) the Joyride Services, and (c) any and all modifications, enhancements and updates to the items listed in clause (a) and (b). All Joyride trademarks are strictly owned by Joyride, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license or other rights to any Joyride trademark without written authorization from Joyride. The trademarks, service marks, logos, and/or names of individuals, companies and/or products mentioned through the Joyride Services or within Content may be the trademarks of their respective owners. Joyride reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by Joyride. The Joyride Services (and its underlying technology) and Content, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.
- 6.4 Feedback. You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Joyride Services, including, without limitation, the functioning, features, and other characteristics thereof (or any component thereof) ("Feedback") may be used by Joyride without compensation or attribution to you, and you hereby grant Joyride, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all your intellectual property rights in and to such Feedback, for Joyride to use and exploit for any purpose.
- 6.5 Third Party Software. The Joyride Apps may contain third party software, including, without limitation, open source software components ("Third Party Software"). Third Party Software is not licensed under these Terms, but are instead licensed under the terms of the applicable license agreement for such Third Party Software. Your use of Third Party Software is subject to the terms of each applicable license which are available to you on request from Joyride. Notwithstanding any provision herein to the contrary, you are solely responsible for your compliance with such licenses. As used in these Terms, the defined term “Joyride Apps” does not include Third Party Software.
- 6.6 General Practices Regarding Use and Storage. You acknowledge that Joyride may establish general practices and limits concerning the use of the Joyride Services, including without limitation the maximum period of time that data or other content will be retained by Joyride and/or available through the Joyride Services and the maximum storage space that will be allotted on Joyride's servers on your behalf. You agree that Joyride has no responsibility or liability for the deletion or failure to store any data or other content uploaded, transmitted, maintained, stored and/or processed through or in connection with the use of the Joyride Services. You further acknowledge that Joyride reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- USER CONTENT AND USER INTERACTIONS
- 7.1 Video Groups. When using the Joyride Services, you can start and/or join live public and/or private video chat groups ("Video Groups") with other users of the Joyride Services (hereinafter, "Users"). If you start or join a “private” Video Group, only the Users that have been invited to the “private” Video Group (either by you and/or the other invited Users) can join and participate in the “private” Video Group. If you start or join a “public” Video Group, any other User can join and participate in the “public” Video Group at any time.
- 7.2 Live Streams
- The Joyride Services may provide the ability to stream (in real-time) certain Video Groups and/or Contests (hereinafter, "Live Streams") either through the Joyride Services and/or on selected social media platforms, such as, Facebook and YouTube ("Social Media Platforms").
- Live Streams are public and visible to all other Users of the Joyride Services and may also be visible to any end users of the applicable Social Media Platform. Any User that has joined a Video Group and/or is participating in a Contest may choose to start a Live Stream, and the other Users in the Video Group and/or participating in the Contest, as applicable, will be notified that a Live Stream has been initiated. If you choose to stay in the Video Group and/or or choose to continue to participate in the Contest when a Live Stream begins, you consent to the transmission of the Live Stream through the Joyride Services and/or Social Media Platforms, as applicable.
- PLEASE NOTE - JOYRIDE DOES NOT ENDORSE, IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS AS TO ANY SOCIAL MEDIA PLATFORMS, OR THE MANNER IN WHICH THE APPLICABLE THIRD PARTY PROVIDERS OF SUCH SOCIAL MEDIA PLATFORMS HANDLE ANY CONTENT, DATA AND/OR INFORMATION THAT MAY BE SHARED AND/OR COLLECTED IN CONNECTION WITH ANY LIVE STREAM DISTRIBUTED THROUGH SUCH SOCIAL MEDIA PLATFORMS. JOYRIDE IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY LIVE STREAMS DISTRIBUTED THROUGH ANY SOCIAL MEDIA PLATFORMS, OR YOUR RELIANCE ON THE PRIVACY PRACTICES OR OTHER POLICIES OF SUCH SOCIAL MEDIA PLATFORMS. YOU ARE RESPONSIBLE FOR REVIEWING THE PRIVACY NOTICES FOR SUCH SOCIAL MEDIA PLATFORMS.
- 7.3 User Content. Subject to the licenses you grant us in these Terms, as between Joyride and you, you will retain ownership of any messages, photos, video, audio, images, data, information, text and/or any other content or materials that you post, submit, transmit, and/or upload, or otherwise provide us, in connection with the use of the Joyride Services, including, without limitation, while participating in any Video Groups, Live Streams and/or Contests (collectively, "User Content"). Please be advised that, any User Content posted or submitted to or in connection with public chats, events, contests, forums, message boards, or other communication tools through the Joyride Services, including, without limitation, any Video Groups, Live Streams and/or Contests, will be considered non-confidential and non-proprietary.
- 7.4 Responsibility for User Content. You acknowledge and agree that you, and not Joyride, are solely responsible for any User Content submitted, transmitted and/or contributed by you, including the legality, reliability, accuracy and appropriateness of such User Content. By providing User Content, you represent and warrant that: (a) you own or control all rights in and to User Submission, and have the necessary rights to grant the licenses granted to Joyride in Sections 7.6 below; (b) you have obtained all permissions and/or approvals as may be necessary or required to transmit User Content, or any personally identifiable information therein, in connection with the use of the Joyride Services; and (c) all User Content do and will comply with these Terms, including, without limitation, the Content Standards and Community Guidelines.
- 7.5 Violations of Content Standards and Community Guidelines. Joyride takes conduct and use violations very seriously. If you post, submit or otherwise provide User Content or engage in behavior in any manner in violation of these Terms, including, without limitation, the Content Standards and Community Guidelines, or in a way that Joyride deems to be unacceptable (in its sole discretion), such use may result in immediate account suspension or cancellation and the possibility that Joyride will pursue civil remedies. In addition, without limiting any other rights or remedies of Joyride hereunder, Joyride retains the right to remove any User Content that it deems, in its sole discretion, unacceptable and/or in violation of these Terms, including, without limitation, the Content Standards and Community Guidelines.
- 7.6 Joyride’s Use of User Content. By providing User Content, you grant Joyride a worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (including through the use of subcontractors) to copy, reproduce, use, host, store, transfer, publicly display, publicly perform, transmit, reproduce, modify (for the purpose of formatting for display), and distribute your User Content, in whole or in part, in connection with your use of the Joyride Services, and as reasonably necessary to provide the Joyride Services to you and other users of the Joyride Services. Joyride will not review, share, distribute, or reference any User Content except as provided in these Terms, the Privacy Notice, or as may be required by law.
- 7.7 Recording of Public Events. You understand and agree that Joyride may record public Video Groups, Live Streams, and/or Contests (hereinafter, "Public Events") to provide you and other Users the Joyride Services and for its own business and commercial purposes. By participating in any Public Events, you hereby grant Joyride, and its representatives, affiliates, licensees and assigns, the right and permission to record you in connection with your participation in such Public Events (collectively, the "Event Recordings"). Event Recordings will be owned by Joyride.
- 7.8 Joyride’s Use of Event Recordings. By participating in participating in any Public Events, you hereby grant to Joyride, and its parent companies, affiliated companies, subsidiaries, partners, advertising agencies, promotion and administration agencies, and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of any Public Events, and their respective agents, employees, officers, directors, successors and assigns, collectively ("Joyride Promotion Entities") , the irrevocable (except as expressly set forth below in Section 7.9) right and license, with the right to sublicense, to use, re-use, distribute, publish, reproduce, copy, display, exhibit, edit, adapt, post, stream, create derivatives of, or to otherwise transmit and exploit the Event Recordings and you User Content provided with or in connection with your participation in Public Events, along with your name or username, voice, image, conversations, picture or other likeness (collectively, "Likeness") to the extent included in the Event Recordings and/or User Content (all of the foregoing, collectively, the "Materials"), individually or with others, in whole or in part, in conjunction with other materials, in any media, including digital, electronic, print, television, film and any other media now known or hereafter devised, for the purpose of trade, advertising, publicity and promotion, or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional notification, compensation or consideration to you, or permission or approval from you, except where prohibited by law. YOU HEREBY WAIVE AND RELINQUISH ANY AND ALL MORAL RIGHTS THAT YOU MIGHT OTHERWISE ASSERT AGAINST THE JOYRIDE PROMOTION ENTITIES WITH RESPECT TO THE MATERIALS; INCLUDING, WITHOUT LIMITATION, ANY RIGHT THAT YOU MAY HAVE TO INSPECT OR APPROVE ANY USE BY THE JOYRIDE PROMOTION ENTITIES OF THE MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT JOYRIDE (1) IS UNDER NO OBLIGATION TO ACTUALLY EXPLOIT THE MATERIALS AT ANY TIME, AND (2) MAY EXPLOIT THE MATERIALS WITH OR WITHOUT YOUR NAME.
- 7.9 Opting-Out of Promotional Use. If you do not wish for Joyride to use your Likeness and/or any personally identifiable information incorporated in any Materials for Joyride’s (or any Joyride Promotion Entities’) advertising, promotion, publicity, marketing or other commercial purposes, you may opt-out at any time by emailing Joyride at email@example.com. Following Joyride’s receipt of your notice to opt-out, Joyride will not use or incorporate your Likeness and/or any personally identifiable information in any new marketing, advertising, promotion, publicity, and/or marketing materials, and will use reasonable efforts to cease distribution and use of any existing marketing, advertising, promotion, publicity, and/or marketing materials that incorporate your Likeness and/or personally identifiable information. For additional information on your choices with respect to your personally identifiable information, please see Joyride’s Privacy Notice.
- INVITING FRIENDS & USER INTERACTIONS
- 8.1 Inviting Friends. We may offer you the opportunity to invite your friends and/or contacts to join in your Video Groups and/or otherwise use the Joyride Services through text message and/or other communications applications integrated with the Joyride Services (each, an "Invitation"). Joyride may suggest the content of the message for the Invitation, which can be edited by you; however, in each case, you, and not Joyride, are solely responsible for the content of the Invitation. Normal text message rates and any other SMS, text, or data usage or services charged by your carrier will apply. If you choose to send an Invitation, you represent and warrant to Joyride that the recipients of such Invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
- 8.2 Interactions & Disputes with Users. Joyride does not conduct any verification of its Users, and does not, and cannot, represent, warrant or guarantee any such person or entity’s identity or whether such person or entity is trustworthy. You are solely responsible for making your own decisions about the suitability of others with whom you contact and/or interact with through the Joyride Services. In addition, you acknowledge and agree that your interactions and dealings with other users of the Joyride Services, including without limitation interactions and communications with other Users through Video Groups and/or Contents, are solely between you and such other Users. YOU ACKNOWLEDGE AND AGREE THAT ANY PROBLEMS OR DISPUTES BETWEEN YOU AND ANOTHER USER, INCLUDING, WITHOUT LIMITATION, ANY INTERACTIONS, DEALINGS, AND/OR COMMUNICATIONS BETWEEN YOU AND ANY OTHER USER, MUST BE RESOLVED SOLELY BETWEEN YOU AND THE APPLICABLE USER. JOYRIDE IS NOT RESPONSIBLE FOR ANY LOSS, HARM OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH INTERACTIONS, DEALINGS, COMMUNICATIONS AND/OR DISPUTES, AND JOYRIDE HAS NO OBLIGATION TO BECOME INVOLVED IN ANY RESULTING DISPUTE.
- FEES, TRANSACTIONS AND PAYMENT TERMS
- 9.1 Fees for Use of the Joyride Services. Except as otherwise set forth in these Terms and the Contest Rules, Joyride does not currently charge any fees for the access and use of the Joyride Services; however, Joyride reserves the right, upon prior notice to you, to charge a fee for the Joyride Services.
- 9.2 Transactions. The Joyride Services may enable you to make purchases through the Site and/or Joyride Apps, such as purchasing additional features and/or functionality for games, or paying an entrance or other fee in connection with your participation in a Contest (each such purchase, a "Transaction"). In order to make Transactions through the Joyride Services, you will be required to connect your account with a third party payment platform (e.g., Stripe) approved by Joyride (as specified in our FAQs) and add funds to your in-app wallet linked to your Account (the "In-App Wallet"). You represent and warrant that you have the legal right to use any payment method(s), credit card(s) and/or payment platforms you connect to your In-App Wallet or otherwise utilized in connection with any Transaction. By submitting such information, you grant Joyride the right to provide such information to our third party service providers for purposes of facilitating the completion of Transactions and/or adding funds to your In-App Wallet initiated by you or on your behalf. Verification of your information may be required prior to the acknowledgment or completion of any Transaction and/or adding funds to your In-App Wallet.
- 9.3 Adding Funds to In-App Wallets. All funds added to the In-App Wallet are denominated in the currency of the United States of America (unless otherwise provided by your applicable payment provider). Note that your payment provider and/or bank or card provider may charge you a separate fee if you are using a credit or debit card or other accepted payment method to add funds to your In-App Wallet outside of the U.S. Joyride does not receive any portion of, and does not have any control over, any such fee. Once you have added funds to your In-App Wallet, you may transfer the funds back to your linked payment provider subject to Joyride’s current minimum transfer amounts. For more information regarding adding and transferring funds to and from your In-App Wallet please see our FAQs.
- 9.4 Payment Terms. You agree to, and shall, pay Joyride the fees for your Transactions, in accordance with the payment terms specified therein. All fees and Transactions that occur through the Joyride Services are denominated in U.S. Dollars. Currency conversions are based on currency exchange rates applicable on the date of the Transaction. In addition, you remain responsible for any taxes that may be applicable to your Transactions. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) related to your Transactions. The fees are exclusive of all applicable sales, use, value-added and other taxes, or other similar charges, and you will be responsible for payment of all such taxes (other than taxes based on Joyride’s income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Joyride Services, Joyride Apps, Site, or performance of any services by Joyride. THE FEES PAID BY YOU IN CONNECTION WITH TRANSACTIONS ENTERED INTO BY YOU ARE NON-RETURNABLE AND NON-REFUNDABLE.
- THIRD PARTY PRODUCTS, SERVICES & WEBSITES
- 10.1 Third-Party Services & Websites. The Joyride Services may enable you to connect your Account with certain third party products and/or services (for example, if you connect and/or log-in to the Joyride Services using your social media account or if you connect your Account with a third party payment provider), or we may integrate or enable access to, or otherwise distribute and/or make available games, content, services, and/or applications through or in connection with Joyride Services that are controlled and operated by third parties and not Joyride (all of the foregoing, collectively, "Third Party Services"). In addition, the Joyride Services may contain links to other third party websites which are not controlled or owned by Joyride ("Third Party Sites").
- 10.2 Use of Third Party Services & Third Party Sites. The Third Party Services and Third Party Sites are not part of the “Joyride Services” and are operated and controlled by the applicable third party providers of the Third Party Services and/or Third Party Sites. If you decide to access and use such Third Party Services and/or Third Party Sites, be advised that your use is governed solely by the terms and conditions of such Third Party Services and/or Third Party Sites. In addition, those third party providers may collect, access, and use your content, personal information and/or data submitted in connection with the use of the Third Party Services and/or Third Party Sites in a manner differently than we do and we do not control their use of such information.
- 10.3 DISCLAIMER – THIRD PARTY SERVICES & THIRD PARTY SITES. JOYRIDE DOES NOT ENDORSE, IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS AS TO ANY THIRD PARTY SERVICES AND/OR THIRD PARTY SITES, THEIR CONTENT, OR THE MANNER IN WHICH THE APPLICABLE THIRD PARTY PROVIDERS HANDLE ANY CONTENT, DATA AND/OR INFORMATION THAT MAY BE COLLECTED IN CONNECTION WITH THE USE OF ANY THIRD PARTY SERVICES AND/OR THIRD PARTY SITES. JOYRIDE IS NOT AND WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF SUCH THIRD PARTY SERVICES AND/OR THIRD PARTY SITES. JOYRIDE IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR ACCESS OR USE OF ANY SUCH THIRD PARTY SERVICES AND/OR THIRD PARTY SITES, OR YOUR RELIANCE ON THE PRIVACY PRACTICES OR OTHER POLICIES OF SUCH THIRD PARTY SERVICES AND/OR THIRD PARTY SITES. YOU ARE RESPONSIBLE FOR REVIEWING THE PRIVACY NOTICES FOR SUCH THIRD PARTY SERVICES AND/OR THIRD PARTY SITES.
- INDEMNIFICATION – OR WHAT HAPPENS IF WE GET SUED. We hope this never happens, but if Joyride gets sued because of something that you did, you agree to defend and indemnify us. This means that you agree to defend Joyride, its employees, contractors, and/or agents, and hold us harmless from and against any and all claims, actions, demands, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from (a) your breach of these Terms, including, without limitation any Additional Terms, (c) your breach of any license or other agreement applicable to any Third Party Services, (c) your use or misuse of the Joyride Services (or any part thereof), (d) your User Content, (e) your breach of any law or the intellectual property and/or privacy rights of a third party, or (f) any disputes between you and any other User. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which case, you agree to cooperate with us in the defense of the claim. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
- RELEASE & WAIVER BY ACCESSING AND/OR USING THE JOYRIDE SERVICES, INCLUDING, WITHOUT LIMITATION, PARTICIPATING IN ANY EVENTS, YOU, ON BEHALF OF YOURSELF AND YOUR CHILDREN/WARDS, HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS (COLLECTIVELY, THE "RELEASING PARTIES"), HEREBY AGREE NOT TO SUE AND IRREVOCABLY AND UNCONDITIONALLY RELEASE, DISCHARGE, WAIVE, INDEMNIFY AND HOLD HARMLESS THE JOYRIDE AND THE JOYRIDE PROMOTION ENTITIES FROM ANY AND ALL MANNER OF LIABILITIES, LOSSES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) AND CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER IN LAW OR IN EQUITY, INCLUDING NEGLIGENCE, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LIBEL, DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, OR INFRINGEMENT OF COPYRIGHT, WHETHER NOW KNOWN OR UNKNOWN, WHICH AND RELEASING PARTY HAD, NOW HAVE, OR HEREAFTER MAY HAVE AGAINST JOYRIDE AND/OR ANY JOYRIDE PROMOTION ENTITIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO: (A) ANY DISPUTES, INTERACTIONS, COMMUNICATIONS AND/OR DEALINGS WITH ANY OTHER USERS; (B) YOUR PARTICIPATION IN ANY VIDEO GROUPS, LIVE STREAMS, AND/OR CONTESTS; AND/OR (C) ANY UTILIZATION OF THE MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY BLURRING, DISTORTION, ALTERATION, OPTICAL ILLUSION, OR USE IN COMPOSITE FORM, WHETHER INTENTIONAL OR OTHERWISE, THAT MAY OCCUR IN THE USE AND/OR ANY PUBLICATION OF THE MATERIALS), OR BASED UPON ANY FAILURE OR OMISSION TO MAKE USE OF THE MATERIALS.
IF YOU ARE A CALIFORNIA RESIDENT: YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY LAW OR LEGAL PRINCIPLE OF SIMILAR EFFECT IN ANY JURISDICTION WORLDWIDE) IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE JOYRIDE SERVICES, THE CONTENT, AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY JOYRIDE, ARE PROVIDED "AS IS" AND "AS AVAILABLE". JOYRIDE AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
JOYRIDE AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT DEFECTS WILL BE CORRECTED OR THAT THE JOYRIDE SERVICES (OR ANY PART THEREOF), THE CONTENT, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY JOYRIDE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE, OR ANY THIRD PARTY PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SERVICE AND/OR THIRD PARTY SITES); (C) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (D) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOYRIDE, ANY THIRD PARTY, OR THROUGH THE JOYRIDE SERVICES, SHALL CREATE ANY WARRANTY.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOYRIDE BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE TERMS, THE JOYRIDE SERVICES (OR ANY PART THEREOF), THE CONTENT, AND ANY OTHER MATERIALS AND/OR SERVICES PROVIDED BY JOYRIDE, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF JOYRIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION: (A) IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF THE GREATER OF THE FEES PAID TO BY YOU TO JOYRIDE FOR TRANSACTIONS ENTERED INTO HEREUNDER IN THE SIX (6) MONTHS PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR LIABILITY, OR ONE HUNDRED DOLLARS ($100.00); (B) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (C) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES; (D) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (E) FOR ANY MATTER BEYOND JOYRIDE’S REASONABLE CONTROL. THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. JOYRIDE DISCLAIMS ALL LIABILITY OF ANY KIND OF JOYRIDE’S AFFILIATES, LICENSORS AND SUPPLIERS.
- APPLICATION OF LIMITATIONS AND DISCLAIMERS TO CONSUMERS. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the disclaimers, exclusions and limitations set forth in Sections 13 and 14 above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
- BASIS OF THE BARGAIN. The warranty disclaimer and limitation of liability set forth above in Section 13 and 14 are fundamental elements of the basis of the agreement between Joyride and you. Joyride would not be able to provide the Joyride Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Joyride’s suppliers.
- AVAILABILITY OF THE JOYRIDE SERVICES. Information describing the Joyride Services is accessible worldwide but this does not mean the Joyride Services, or certain portions thereof, are available in your country. Joyride may restrict access to the Joyride Services, or portions thereof, in certain countries in its sole discretion. It is your responsibility to make sure your use of the Joyride Services is legal in your country of residence. The Joyride Services may not be available or accessible in all languages.
- THIRD PARTY RIGHTS.
- 18.1 Third Party Rights.You acknowledge and agree that certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this Section 18, these Terms are not intended to grant rights to anyone except you and Joyride, and in no event shall these Terms create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of these Terms are not subject to the consent of any other person.
- 18.2 iOS App. The following additional terms and conditions apply with respect to any Joyride Apps provided or made available to you by Joyride hereunder designed for use on an Apple iOS-powered mobile device (an "iOS App"): You acknowledge that these Terms are between you and Joyride only, and not with Apple, Inc. ("Apple"). Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service. Joyride, and not Apple, is solely responsible for the iOS App and related content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App. You agree that Joyride, and not Apple, is responsible for addressing any claims by you relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Joyride as the provider of the iOS App. You agree that Joyride, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App. You represent and warrant that you: (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of its wireless data service terms of agreement when using the iOS App). The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as it relates to the license granted herein to you to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to the license granted herein to you to use the iOS App as a third-party beneficiary thereof.
- GOVERNING LAW AND DISPUTE RESOLUTION.
- 19.1 Governing Law. These Terms shall be governed in all respects by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms, including, without limitation, application to the Platform and Joyride Apps. Furthermore, these Terms (including without limitation, the Platform and/or Joyride Apps) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.
- 19.2 Disputes. Except as otherwise set forth in these Terms, you agree that any dispute between you and Joyride arising out of or relating to these Terms, the Joyride Services, Content, and/or any services provided by Joyride hereunder (or any part thereof) (collectively, "Disputes") shall be governed by the provisions set forth in this Section.
- 19.3 Notice of Disputes. A party who intends to seek arbitration or bring other action permitted under this Section 19, must first send a written notice of the Dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Dispute Notice"). Joyride’s address for Dispute Notice is: Joyride Games, Inc., Attention: Notice of Dispute, 3790 El Camino Real No 1111, Palo Alto, CA 94306. The Dispute Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.
- 19.4 Informal Resolution. You and Joyride agree to use good faith efforts to resolve the Dispute directly, but if we do not reach an agreement to do so within 30 days after the Dispute Notice is received, you or Joyride may commence an arbitration proceeding or other permitted action, as set forth in this Section 19.
- 19.5 Agreement to Arbitrate. In the interest of resolving Disputes between you and Joyride in the most expedient and cost-effective manner, and except as described in Section 19.8, you and Joyride agree that every dispute arising in connection with these Terms will be resolved by binding individual (not class) arbitration (the "Agreement to Arbitrate"). Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This Agreement to Arbitrate includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. THIS AGREEMENT TO ARBITRATE MEANS YOU AND JOYRIDE WAIVE YOUR/ITS RESPECTIVE RIGHTS TO A JURY TRIAL. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
- 19.6 Opting-Out of Arbitration. If you do not wish to resolve Disputes by binding arbitration, you may opt out of the Agreement to Arbitrate within 30 days after the date that you first agree to these Terms by sending a letter to Joyride Games, Inc., Attention: Arbitration Opt-Out, 3790 El Camino Real No 1111, Palo Alto, CA 94306, that specifies: your full legal name, the email address used to register an Account (if applicable), and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Joyride receives your Opt-Out Notice, the Agreement to Arbitrate will be void and the parties agree that the exclusive jurisdiction and venue described in Section 19.10 will govern any action arising out of or related to these Terms. The remaining provisions of this Section 19 will not be affected by your Opt-Out Notice.
- 19.7 Arbitration. Any Disputes between you and Joyride that cannot be resolved through informal resolution in accordance with Section 19.4 above shall be resolved exclusively through final, binding and confidential arbitration and administered by the Judicial Arbitration and Mediation Services ("JAMS") under its Rules of Arbitration then in effect (the "Rules") as modified by this Section 19.7. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS. Unless otherwise agreed in writing by the parties, to the extent feasible, the parties agree to have parties and witnesses participate by video conference, telephone conference, or other telecommunication means. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. Any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. The Agreement to Arbitrate and this arbitration provision is governed by the Federal Arbitration Act.
- 19.8 Exception to Arbitration. Notwithstanding anything in these Terms to the contrary to the extent you have in any manner violated or threatened to violate any of Joyride’s intellectual property rights, Joyride may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of California, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts. In addition, despite the Agreement to Arbitrate, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; or (c) seek injunctive relief in a court of law in aid of arbitration.
- 19.9 No Class Actions. YOU MAY ONLY RESOLVE DISPUTES WITH JOYRIDE ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN'T ALLOWED UNDER THESE TERMS.
- 19.10 Enforceability; Venue. If the Agreement to Arbitrate is found not to apply to your or our claim, you and Joyride agree that any judicial proceeding will be brought in the federal or state courts located in San Francisco County, California. Both you and Joyride consent to venue and personal jurisdiction there.
- 19.11 Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, you expressly acknowledge and agree that any claim or cause of action arising out of or related to your use of Joyride Services (or any part thereof) or these Terms must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
- COMMERCIAL ITEMS. The Joyride Apps, Platform, and any related end user documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation will be licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms.
- GENERAL. Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Any waiver of any provision of these Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right. If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in these Terms. The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in these Terms and/or its performance shall be construed as creating a joint venture or agency between Joyride and you. Joyride may delegate the performance of any services hereunder to its affiliates and contractors. These Terms, the Privacy Notice any Additional Terms, including, without limitation, the Content Standards and Community Guidelines and Joyride Contest Rules, and any other policies or terms and condition referenced herein, constitute the entire agreement between the parties regarding the subject matter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described. Any notice to you may be provided by email. The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms. As used in these Terms, the word “including” means “including but not limited to.” You agree that these Terms will not be construed against Joyride by virtue of having drafted them. The official text of these Terms (and any notice submitted hereunder) will be in English. The parties acknowledge that they require that these Terms be drawn up in the English language only. In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language. Any delay in performance of any duties or obligations of either party will not be considered a breach of these Terms if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or any other event beyond the reasonable control of such party.
- QUESTIONS AND ADDITIONAL INFORMATION. Please feel free to contact us at firstname.lastname@example.org if you have any questions about these Terms.