(Updated as October 13, 2017)
Oni Space, Inc. owns all the intellectual property rights and title to JOYUP for purposes of this agreement we shall refer to the collective parties as JOYUP. JOYUP provides the following Services, which permit you to utilize certain Internet services via its proprietary mobile application and/or website(s), and making this content available on your compatible devices and computers, only as defined by the terms of this Agreement. Specifically, the Services directly refer to content, emergency service information, and domains provided by JOYUP.
Consumers or you shall mean the end-users using the Services to order products or services from vendors, merchants, their affiliates, and individual under their control.
Mentions shall mean the information including but not limited to the links, post(s), and related excerpts made publicly available and obtained by JOYUP on your behalf from the Internet.
Merchants, Vendors, or Members shall mean providers of products to Consumers using the Services.
JOYUP Runner shall mean independent third-party contractors that deliver concession goods to you via our stadium participating vendors and/or affiliates. The delivery services are incorporated into the Terms of Service herein.
Software shall mean the web-based portal or APIs from which Customers can send and receive text messages with Consumers seeking Customers products and services.
Supported Platform(s) shall mean the then current networking site(s) supported by the Services, including but not limited to Twitter, Facebook, Instagram, etc. and as described via the Site.
The Service is a cloud based text messaging service wherein Consumers can send and receive text messages (Content) to Customers, through a phone number provided by JOYUP, which Customer manages through the Software and/or Device.
1. SERVICE USE REQUIREMENTS.
A. Age Restrictions. The Services provided by JOYUP are only available to individuals 13 years or older. However, a legal parent or guardian may establish an account for an individual 13 years or under with the understanding that they will supervise said minors use of the services. A legal parent or guardian, who establishes an account for a minor as described above, should remind the minor about the dangers of conversing with strangers or exchanging any personal content.
JOYUP does not collect, use or disclose personal information from minor children under 13 years of age without verified parental consent.
B. Use Limitations. You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulation.
C. User Accounts and Devices. JOYUP reserves the right to limit the number of accounts created from a particular device and the numbers of devices associated with a user account.
D. Service Availability. JOYUPs services and its related features may not be available in all languages and/or all countries. Given this possibility, JOYUP makes no representation that its services and related features are appropriate or available for use in any specific location. In your election to use and access the services, you do so upon your own initiative and compliance with local laws.
E. Changes to Services. JOYUP reserves the right to change, modify, or adjust the terms of this Agreement in its sole discretion and at any time. JOYUP will make best efforts to communicate such changes, modifications, and/or adjustments to the Agreement terms to you. Continued use of the services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms. If you do not agree to JOYUPs changes, modifications, and/or adjustments to the terms of this Agreement then you can promptly terminate the services.
2. SERVICE FEATURES
A. Location Based Information. In order to offer best-in-class services, JOYUP and its partners and/or licensors may provide features or services that rely upon location based data for your devices. These provided features or services require JOYUP and its partners and/or licensors to collect, use, transmit, maintain and process your location data. In order to successfully collect, use, transmit, maintain and process your location data it is your responsibility to allow your mobile hardware device settings to allow us access to your location. JOYUP is not responsible for errors in the sharing of location based information due to improper application installation, defective device(s), user error in setting location permission, and/or network failures.
You may elect to withdraw consent from JOYUP and its partners and/or licensors from the collection, use, transmission, maintenance and processing of your location data by changing the geo-location settings on your particular device. In the event you would like to remove all collection information, you may do so by uninstalling our services application by initiating the uninstall processes specific to your device.
B. JOYUP Purpose and Customer Payment. JOYUP was created with the purpose of providing premiere mobile food delivery services to its customers via designated vendor locations and/or venues.
1. Food and Non-Alcoholic Beverage Delivery. Specifically, our services allow you to text your order information to our participating vendors upon which delivery will be made to your stadium seat via JOYUP Runners or other third parties as determined by us. JOYUP does not confirm the contents or accuracy of the order but merely relays that information to the vendors. JOYUP does not make, manufacture, inspect, or inspect the quality of the order components. JOYUP merely transmits your order and then delivers the order to your seat. JOYUP disclaims any liability with respect to the quality of goods and/or beverages delivered by JOYUP Runners as the food and/or beverage vendors as all liability resides with each vendors insurance coverage policies.
2. Alcohol Beverage Delivery. JOYUP Runners may deliver alcohol beverages as provided by stadium vendors and/or agents. In placing an alcohol order you declare that you are 21 years of age or older and expressly consent to having a JOYUP Runner validate your government issued ID. Additionally, you understand and consent to our right to reject an alcohol delivery to you in the event a JOYUP Runner determines that you are visibly intoxicated, cannot produce a valid government issued ID, your name does not match your ID, or you intend to distribute said alcohol beverage to a minor. In the event we refuse to serve you, your order will not be refunded and you will be charged a non-refundable charge of $20 for the alcohol restocking fee.
C. Vendor User Product Subscription(s). In order to provide maximum benefit to our users, JOYUP offers a product subscription membership (a Member) whereby Vendor Users may obtain access to our premium Vendor specific services.
JOYUP Members may access our product(s) as follows:
(i.) Trial Period: Under certain circumstances JOYUP may offer members a free-of-charge program that gives unlimited access for a select number of days of our available Service Product(s), as determined at the sole discretion of JOYUP.
(ii.) Paid Subscription Plan: Members select one of our available subscription plans for a pre-determined term and fee(s).
1. Product Subscription Plans, Payments, Cancellation, and Refunds
JOYUP provides a variety of subscription plans to Members who desire to use our premiere marketing service products. Currently, JOYUP offers monthly and annual subscription plans where a Member can access our marketing products and use throughout each paid month. As part of this subscription plan, we may offer social media advertising campaigns (e.g. Facebook, Twitter, Instagram, etc.) which a Member may elect at the then published subscription rate.
In order to deliver the social media advertising campaigns, we rely on Supported Platforms to accomplish these measures. As such, you agree and acknowledge that if any Supported Platform(s) becomes inoperable or ceases to provide such features to JOYUP you are not entitled to a refund, credit, or any other related form of compensation whatsoever.
A Member Subscription Plan(s) starts on the day you sign up for a Subscription and submit payment (Subscription Date). All Member subscription plan payments are subject to the payment requirements and authorizations described in the User Payment Authorization section above.
JOYUP bills all subsequent monthly or annual Member Subscription fees on the Subscription Date of your Membership, and each Subscription Plan shall auto-renew until your membership is cancelled and/or terminated per these Terms of Service. In turn, you expressly authorize JOYUP to charge your approved Payment Method for all services and product(s) purchased via the Site. JOYUP makes every effort to apprise you of any Subscription Plan pricing changes, and your renewal Member Subscription fees shall remain the same unless we notify you in advance of any changes. You understand and acknowledge that JOYUP reserves the right, in its sole discretion, to modify the Member Subscription Plan fees from time-to-time and will use its best efforts to post reasonable advanced notice on the Site.
In the event our subscription plan(s) is/are purchased through Apple iTunes Store, all sales are final, and JOYUP will not be able to provide you with a refund. In this case, your purchase is subject to Apples applicable payment policies which may or not provide for refunds.
Member Subscription Plan(s) may be cancelled by visiting your Account Settings and selecting Cancel or by contacting us directly at support@JOYUP.com Cancelling a Member Subscription Plan(s) shall be deemed effective at the end of your billing cycle and you will have Member Subscription Site access until the remainder of the billing cycle. For example, if you cancel your monthly Member Subscription Plan on January 3rd then you will still have Member Subscription Site access until March 2nd and will not be billed for the month of March. However, on March 3rd your account will no longer have Member Subscription Site access and will revert to a JOYUP basic plan. No refunds or credits will be provided for monthly JOYUP Membership Subscription Plan(s).
Refunds are available for annual subscription purchases made only through JOYUP.com within 30 days of purchase. Refunds are available only to first time customers, as determined by JOYUP, and do not apply to renewals of your subscription.
D. BACKUP. As part of its current backup protocol, JOYUP creates regular backups for user data and content. However, even with reasonable skill and careful backup measures JOYUP DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE, ACCESS, OR DISSEMINATE THROUGH OUR SERVICES WILL NOT BE SUBJECT TO DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. AS SUCH, JOYUP WILL NOT BE RESPONSIBLE FOR INSTANCES OF DAMAGE, LOSS, CORRUPTION OR REMOVAL OF YOUR CONTENT. You acknowledge and agree that you are responsible to maintain proper backup measures for your content and related data.
3. JOYUP Use of Services
A. Account Registration. In order to enjoy the JOYUP services and specifically our services, you must become a registered user by establishing a valid Account. You agree and acknowledge that you will take precautionary measures to secure your Account and its confidentiality. In the event your confidentiality measures are breached or compromised, you agree to notify JOYUP immediately. Although JOYUP will exercise reasonable care with respect to our security protocols, JOYUP is not personally responsible for losses that may arise from the unauthorized use of your Account.
In order to access and use our services, you must enter your username and password to authenticate the Account. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use, or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.
Although we take reasonable measures to protect our Account holders, you expressly agree that you and you alone are responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument (for example, PayPal, credit card, or third parties like Apple or Google)
B. No Survivorship Rights. Unless required by law, you agree and acknowledge that your JOYUP Account is non-transferable and any rights to your JOYUP Account or Content therein terminate upon your death. In the event of your death, a valid copy of a death certificate may permit the proper party to terminate your Account and related Content on your behalf. Contact JOYUP Support at support@JOYUP.com for additional assistance.
C. No Resale of JOYUP Services. You agree and acknowledge that the JOYUP Services are proprietary and subject to intellectual property protection. Given this understanding, you agree to refrain from copying, reproducing, selling, reselling, duplicating, trading, or renting the Services (or any part or component thereof) for any purpose whatsoever.
4. User Content and Conduct.
A. Content. For purposes of this Agreement, Content shall mean any information that may be encountered and/or generated via the use of our Services. This includes but is not limited to photographs, written text, graphics, data files, messages, device characteristics, and your name and mobile number. Given this definition and provided examples, you agree and acknowledge that you are solely responsible for the Content originated by you whether it is privately transmitted or publicly posted via our Services. You acknowledge and agree that by using our Services you may encounter Content that you may deem to be inappropriate, offensive, indecent, or objectionable. This also includes any content such as Mentions that might be integrated by the Services use of Third Party social media platforms. By the same token, you agree that the Content you may generate or disseminate may be objectionable to others. Due to this phenomenon, JOYUP does not control said Content no matter how it is generated or disseminated. As such, you agree that your use of our services is at your own election and resident risk.
Recognizing the global nature of the Internet, you will comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside. You will abide by Federal Communications Commission (FCC), Mobile Marketing Association (MMA), and CTIA Wireless Association policy and laws around text messaging and spam which shall be enforced.
B. User Conduct. By agreeing to the terms of this Agreement, you expressly refrain from NOT using our Services in the manner described below to:
1) engage in any act that would result in copyright infringement or other intellectual property infringement (including but not limited to trade secret, trade dress, or other confidentiality agreements);
2) misrepresent your identity (including misappropriation of anothers image(s), celebrity, charitable or employment group, etc.). JOYUP reserves the right to immediately block any attempt to register a user Account that is a misrepresentation of identity;
3) generate or make available Content that is unlawful, harmful, defamatory, tortious, abusive, invasive of ones privacy, obscene, vulgar, and/or objectionable as determined by JOYUP (including using the means described to stalk, harass, or intimidate another);
4) request as an adult user the personal information from a minor (anyone under the age of 18 or as properly defined by local law) who is not known to you. Examples of personal information include but are not limited to minors home address, full name, postal code or similar identifier, phone number, photographs, school, social affiliations, etc.;
5) upload onto the Services and transmit via any means material(s) that contain harmful viruses or programs intended to interfere or disrupt the normal function of the Services or any computer hardware or software;
6) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
7) engage or plan any illegal activity and/or store and collect personal information of users of the services for any prohibited activities as described in this Agreement;
C. Content Removal. JOYUP does not claim any responsibility for the Content that others may provide nor is JOYUP bound to pre-screen all Content submitted via the Services. However, JOYUP reserves the right in its sole discretion to monitor, screen, move, delete, modify and/or remove Content it determines to be in violation of this Agreement.
D. Content Backup. Although JOYUP makes reasonable efforts to provide proper care and skill in delivering its services, JOYUP does not guarantee, warrant, or covenant that any Content you access and/or store via the services will not be accidentally lost, corrupted, or damaged. Given this reality, you agree and acknowledge that it is your sole responsibility to back up any important Content on your device(s) and/or computer(s).
E. Access to User Account and Content. JOYUP intends to enforce this Agreement to the full extent provided by law. As part of that process, JOYUP reserves the right to verify and enforce compliance with this Agreement by you. You expressly agree and consent to these efforts by acknowledging that JOYUP has the right without limitation to use, access, store and/or disclose your Account information and related Content to proper law enforcement authorities, government entities and/or officials, and/or proper third parties that JOYUP believes is necessary in order to: 1) comply with a valid legal process or request; 2) prevent, detect, or identify fraud or technical issues; 3) enforce the terms of this Agreement including any necessary investigation thereof; and 4) protect the rights of JOYUP, its users, a third party(ies), or the public as permitted by law.
F. Digital Millennial Copyright Act. JOYUP makes every reasonable effort to ensure that its users and their content conform to proper Copyright standards. If you believe that any Content that you claim Copyright to has been infringed upon by anyone using our Services, please contact our Copyright Agent at contact@JOYUP.com.
G. Agreement Violations. In order to provide a harmonious environment for our users, JOYUP makes best efforts to remove inappropriate or objectionable Content that violates this Agreement. If you encounter inappropriate or objectionable Content while using our services, please report it to us at contact@JOYUP.com.
H. User Submitted Content via JOYUP Services
1. License from User to JOYUP. JOYUP does not claim ownership of the Content and/or materials you upload, submit, or disseminate via our services. However, JOYUP does claim ownership of material that we may specifically license to you under the terms of this Agreement. In instances whereby you upload, submit, or disseminate your Content via our services and make the Content publicly accessible or accessible to users with whom you consent to share your Content, you expressly grant JOYUP a royalty-free, non-exclusive, worldwide license to distribute, use, reproduce, adapt, modify, translate, publish, publicly display and perform such Content. This license grant from you to JOYUP is solely for the purpose by which the Content was submitted or made available without any compensation to you whatsoever.
You acknowledge and agree that any Content in its entirety uploaded, submitted, or posted by you shall be your responsibility. Specifically, this means that you represent that you are the legal owner of this Content and have all relevant and necessary rights, licenses, and authorization to distribute it. Furthermore, you warrant and represent that said Content does not infringe upon the rights of other parties nor is the Content in violation of local law or authority.
2. Consent to Send Messages to You. As part of our Services offered to you, you expressly agree and consent to the receipt of text and/or email messages regarding promotional, marketing, and/or advertising related materials. We send these messages in order to inform you of specific promotional, marketing, and/or advertising information that may enhance your experience.
3. Content Changes. The JOYUP services require the ability to transmit your Content across various forms of networks and media. In order to accomplish this capability, JOYUP may need to change or modify your Content to ensure compliance with technical specifications and requirements of various networks, computers, or devices. You agree and consent to JOYUP making these necessary Content changes.
4. Trademark(s). JOYUP and its related trademark(s), designs, logos, service marks, etc. are trademarks or registered trademarks of Oni Space, Inc. in the US and abroad where applicable. JOYUP does not grant you any right or license in its trademarks and you agree to not obscure, remove, or alter the JOYUP marks contained in any portion of the services.
5. Software Services
A. JOYUPs Proprietary Rights. As a condition to using JOYUPs services, you acknowledge and agree that JOYUP and/or its licensors own all legal right, title, and interest to the Services. By way of example, these rights include but are not limited to the following: JOYUP graphics, user interface, scripts and software used to implement the services, and any software that JOYUP may provide you with in connection to the services. The described rights also include any and all intellectual property rights that reside therein, whether registered or not, and wherever in the world they may exist. You further agree that you will not use and/or reproduce any of this proprietary information in any way whatsoever except as defined by this Agreement.
B. License from JOYUP. THE USE OF THE SOFTWARE AND/OR ANY PART OF THE SERVICES IS STRICTLY PROHIBITED AND INFRINGES UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES. THE ONLY PERMITTED USE OF THE SOFTWARE AND/OR ANY PART OF THE SERVICES IS OUTLINED ONLY IN THIS AGREEMENT.
C. Export Control(s). The use of the services may be subject to import and export laws of the United States and other countries. You agree and acknowledge that you will comply with all import and export laws and regulation. Specifically, you warrant and represent that the services and/or related software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the US Treasury Departments List or Entity List. As a registered user of the services, you warrant and represent that you are not located in any such country or on any such list. This assurance and communication shall survive termination of this Agreement.
D. Update(s). In order to ensure a proper user experience of the services, JOYUP may make regular software updates from time to time. The updates may include new software versions, bug fixes, and feature enhancements or improvements.
A. User Termination. You may delete your user account and stop using the JOYUP services at any time. To terminate your account contact contact@JOYUP.com.
B. JOYUP Termination. JOYUP may terminate or suspend all or a portion of your account and/or access to the services at any time and/or for any reason. Examples of typical reasons for termination include but are not limited to the following: (a) violations of this Agreement; (b) a request by you to terminate or cancel your services account; (c) a request and/or order from law enforcement or government entity; (d) unexpected technical or security issues or problems; and (e) your participation in illegal or fraudulent activities. Any account termination or suspension by JOYUP shall be made in its sole discretion and JOYUP will not be responsible to you and/or any third parties for alleged resulting damages whatsoever.
C. Termination Effects. Termination of your services account may result in the loss to all access to the services and any account portions thereof including Content. After a period of time, as determined by JOYUP, all data and information stored via your account shall be deleted.
7. Links and Third Party Materials. As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to other Content, resources, or web sites. Because we have no control over third parties and their related materials, you acknowledge and agree that JOYUP shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.
8. Payment Terms
A. General Provisions. In order to enjoy our services, you agree to make payment with appropriate currency upon order receipt. In return, you shall receive a limited license to use our services subject to these Terms of Service. These payment provisions are subject to change in the sole discretion of JOYUP.
B. Refund Policy. All orders placed are final once transmitted via the services. If any discrepancy results between your order and the order received, we shall reschedule a timely reorder or cancel the order entirely.
C. BILLING SUPPORT:
For billing support, you can email our billing support team at contact@JOYUP.com
10. Disclaimer of Warranties; Liability Limitation
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, JOYUP MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
JOYUP DOES NOT REPRESENT, GUARANTEE, OR WARRANT THAT USE OF THE SERVICES WILL BE ERROR-FREE OR INTERRUPTED, YOU AGREE AND ACKNOWLEDGE THAT JOYUP MAY REMOVE THE SERVICES FOR UNDEFINED PERIOD OF TIMES, OR CANCEL THE SERVICES ACCORDING TO THE TERMS IN THIS AGREEMENT.
THE SERVICES PROVIDED BY JOYUP ARE OFFERED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE AND ACKNOWLEDGE THIS FACT. IN TURN, JOYUP AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNER, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
JOYUP DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE FREE FROM CORRUPTION, LOSS, VIRUSES, ATTACK, HACKING, INTERFERENCE, OR OTHER SECURITY INTRUSIONS. JOYUP DISCLAIMS ANY RELATED LIABILITY.
YOU AGREE AND ACKNOWLEDGE THAT YOUR DOWNLOADING OF ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. ANY RESULTING OR ALLEGED DAMAGES TO YOUR COMPUTER, DEVICE, OR DATA LOSS THAT RESULSTS FROM SAID DOWNLOADING SHALL BE YOUR SOLE RESPONSIBILITY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, JOYUP MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOYUP AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, INDEPENDENT CONTRACTORS INCLUDING JOYUP RUNNERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF JOYUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
LIMITATION OF LIABILITY WITH RESPECT TO JOYUP RUNNERS
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, JOYUP MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
JOYUP PROVIDES THE FACILITATION OF CONCESSION DELIVERY GOODS TO YOU THROUGH THE USE OF ITS INDEPENDENT CONTRACTORS REFERRED TO AS JOYUP RUNNERS. YOU EXPRESSLY AGREE TO HOLD JOYUP AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HARMLESS FROM DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR TORT, INJURY, PAIN AND SUFFERING, INJURY RESULTING FROM ANY FOOD BORNE ILLNESS AS A RESULT OF DELIVERED GOODS, LOSS OF CONSORTIUM OR OTHER INTANGIBLE LOSSES (EVEN IF JOYUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) JOYUP RUNNERS DELIVERY OF GOODS TO YOU INCLUDING THE HEALTH QUALITY AND INSPECTION OF SAID INGREDIENTS AND JOYUPS OBLIGATIONS TO ABIDE BY AND COMPLY WITH ALL ALCOHOL ENFORCMENT RULES AND REGULATIONS; (II) TRANSACTIONS AND RESULTING ORDERS PLACED BY YOU THROUGH US AND DELIVERY BY THE JOYUP RUNNERS; (III) JOYUP RUNNERS INTERACTIONS WITH YOU THROUGH THE COURSE OF DELIVERING SAID GOOD AND/OR PRODUCTS; AND (IV) ANY RESULTING INTERACTION BETWEEN YOU AND THE JOYUP RUNNERS WHETHER UNFORSEEN, UNANTICIPATED WHETHER THE RESULT OF SUCH INTERACTIONS RESULT IN CIVIL OR CRIMINAL ALLEGATIONS.
As a requirement to use our services, you expressly agree to defend, indemnify, and hold JOYUP and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorneys fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that JOYUP determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of anothers rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.
11. General Provisions
A. Notice(s). As part of our regular update policies, JOYUP may provide you with notice regarding the Services, including changes made to this Agreement, via your email address provided to us, regular mail, or postings made to our application product. However, you acknowledge and agree to hold JOYUP harmless from any and all notification transmission errors.
B. Governing Law. This Agreement between you and JOYUP shall be governed by the laws of the State of California, excluding its personal conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco, CA, to resolve all disputes, claims, or allegations arising from this Agreement.
C. Entire Agreement. This Agreement embodies the complete agreement in its entirety between you and JOYUP. This Agreement governs your use of JOYUP services and replaces any other prior agreements between you and JOYUP in relation to the services. In the event any of this Agreement is held to be invalid or unenforceable, that specific portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect. If JOYUP does not exercise or enforce any right or provision of this Agreement then that does not constitute a waiver of such right or provision. You agree that there shall be no third-party beneficiaries to this agreement.
D. JOYUP as defined by this Agreement:
Oni Space Inc. DBA JOYUP, located at
2 Townsend St, pat 1-1404
San Francisco, CA 94107
E. Electronic Contracting. You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically. YOUR ELECTRONIC SUBMISSSION TO JOYUP ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY. In order to access and store your electronic transaction records with JOYUP, you accept full responsibility for installing required hardware and software.