JOIIIN TERMS OF USE

 JOIIIN MOBILE APP INC. (“JOIIIN” / “WE” / “US”) OWNS AND OPERATES THE JOIIIN APPLICATION (THE “JOIIIN APP”). THESE TERMS OF USE APPLY TO ALL USERS WHO DOWNLOAD THE JOIIIN APP AND USE THE SERVICES (COLLECTIVELY “USERS” / “YOU”).

BY USING THE JOIIIN APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE JOIIIN APP OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY JOIIIN FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST USE OF THE APP.  IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES.  YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.  ANY NEW FEATURES THAT MAY BE ADDED TO THE APP FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IN ORDER TO USE OUR SERVICES YOU MUST REGISTER FOR AN ACCOUNT AND PROVIDE CERTAIN PERSONAL INFORMATION. ALL PERSONAL INFORMATION THAT YOU PROVIDE TO US IN THE REGISTRATION PROCESS WILL BE TREATED IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY, WHICH FORMS AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF OUR PRIVACY POLICY, THEN DO NOT DOWNLOAD THE JOIIIN APP OR USE ANY OF OUR SERVICES.

  1. The Service.  The Joiiin service provides a social networking platform that allows Users to connect in real life by creating events for local activities and posting them on the App so that other Users of the Joiiin App can RSVP and attend such events (the “Service”).
  2. Registration. In order to access the Service and start creating or contributing with other users, you must be a registered user and you can use the Service from a computer or a personal mobile device if you have downloaded the Joiiin App. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OLD TO USE THE JOIIIN APP AND SERVICES. You can create an account either by logging in using a social networking login such as Facebook, or by inputting your email address and creating an account. If you choose to log in using your Facebook account we will collect your name, gender, profile picture, birth date and location. We may also collect your first and last name. Any personal information that you provide to us will be treated in accordance with the terms of our Privacy Policy, which you should read carefully.  You are solely responsible for all activity occurring on your account, so please choose a strong password, keep it secure, and don’t share it with anyone. We will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account or use of your password. Please contact us immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security.
  3. User Profiles.  Once you have registered for the Services you can create a profile consisting of your username and a profile picture.  Your profile will not be searchable by other Users, however, certain actions that you perform in the App will be public regardless of your profile settings. For example, if you post an activity, rate an activity or favourite an activity, other Users will be able to see that you have done that by clicking on your name to get more information. The information that will be visible to other Users will vary depending on your settings.  .

 

  1. Creating and Joining Events.  When you create an event on the App you will be able to create a title for the event, upload a picture for the event and provide a description of the event. You also have the option to make certain event information private, and only visible to other Users who have RSVP’d for an event. Once you have created an event, other Users can request to join the event.  Only the creator of the event will be able to accept User requests to join the event. The event creator can also cancel the event, or remove other Users from the event group at any time. Once You have joined an event, you will be able to internally message other event attendees within the event page.  Joiiin does not screen or monitor events, and does not screen or monitor Users or User interactions, and is not responsible or liable for any loss, claim, harm, injury  or damage arising as a result of or in connection with any of the events organized through the App or any User interactions either within the App or at an event organized via the App.  We strongly encourage Users to take all reasonably necessary precautions and use your discretion and common sense in communicating with other Users (including providing other Users with your contact information) and/or participating in events or activities.
  2. Content.  All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted via the App by Users whether in private messages or otherwise (“User Content”), is the sole responsibility of such Users. This means that each User, and not Joiiin, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. We do not control or actively monitor User Content and, as such, do not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable.  Under no circumstances will Joiiin be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Services.
  3. Conduct Guidelines.  In using the Services you agree that you will:
  4. Provide accurate information when registering and keep such information up to date;
  5. treat the other users of the Services with whom you interact with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties, or do anything that breaches the general User conduct guidelines in this section 6 below. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or the restrictions in Section 7 below;
  6. agree not to upload any content or create any events that are harmful, abusive, constitute hate speech, or are harassing, discriminatory or otherwise objectionable and harmful to other Users and/or the public; and
  7. act honestly and in good faith and in a manner that will not harm the goodwill or reputation of Joiiin.

 

  1. Restrictions on User Content and Use of the Service. Joiiin reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames for breach of these Terms. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

In using the Joiiin App and/or Service You shall not:

  1. copy any content unless expressly permitted to do so herein;
  2. upload, post, email, transmit, or otherwise make available any material that:
  3. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
  4. You do not have a right to make available under any law or under a contractual relationship;

iii.      infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);

  1. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  2. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the App or that of any Users or that compromises a User’s privacy;  or
  3. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
  4. impersonate any person or entity or misrepresent their affiliation with a person or entity;
  5. interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  6. intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation;

 

  1. collect or store personal data about other Users without their express consent;
  2. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Joiiin App; or
  3. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Joiiin App, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
  4. Complaints. We are not responsible for the behaviour, acts or omissions of Users, including any User Content uploaded to the App and any events, or interactions among Users that are created or facilitated through the Services.  If you feel that another User has threatened, harassed or otherwise acted in an inappropriate manner, you may notify us of this conduct through complaints@joiiinapp.com. We will take appropriate steps as necessary to review and respond to your complaint. By submitting a complaint you acknowledge and agree that we may disclose your identity to the User in question in order to follow up directly with you in regards to your complaint.
  5. License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Joiiin will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
  6. End User License.  Except for User Content, the Joiiin App and the information and materials that it contains, are the property of Joiiin and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Joiiin grants you a non-transferable, non-exclusive, license to download, install and use one copy of the Application on a mobile device that you own or control for your use (the “License”).  The Joiiin App is licensed to you and not sold.  Nothing in the Terms gives you a right to use the Joiiin or Joiiin names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the App. Any future release, update, or other addition to functionality of the Joiiin App shall be subject to the terms of these Terms.
  7. Feedback.  If You provide Joiiin with any suggestions, comments or other feedback relating to any aspect of the Joiiin App and/or Service (“Feedback”), Joiiin may use such Feedback in the Joiiin App or in any other Joiiin products or services (collectively, “Joiiin Offerings”). Accordingly, You agree that: (a) Joiiin is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Joiiin, (c) Joiiin (including all of its successors and assigns and any successors and assigns of any of the Joiiin Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Joiiin Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Joiiin or any of the other users of the App in respect of the Feedback.

 

  1. Advertising. You acknowledge and agree that App may contain advertisements.  Joiiin does not endorse any of the products, services or activities advertised in the App.  If You elect to have any business dealings with anyone whose products or services may be advertised in the App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Joiiin shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
  2. Equipment. You shall be responsible for obtaining access to the App and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).  You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the App.  It is your responsibility to ascertain whether any information or materials downloaded from the App are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
  3. Links & Third-Party Websites.  This App (including User Content) may contain links to other websites that are not owned or controlled by Joiiin.  In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Joiiin of that third party, third party product or service.  Joiiin is also not responsible for the content of any linked websites.  Any third-party websites or services accessed from the App are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them.  The presence in the App of a link to any other website(s) does not imply that Joiiin endorses or accepts any responsibility for the content or use of such websites, and You hereby release Joiiin from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
  4. Disclaimer; No Endorsement.   Joiiin provides a platform for Users to connect and participate in local activities. We do not control the events that are created by our Users, and do not endorse any of the events or activities proposed by Users of the App.  Some of the events proposed may include activities that involve a degree of risk.  We strongly encourage Users perform their own independent risk assessment of any activities they wish to participate in, including an assessment of You experience, skill level, health and comfort level.  Please use common sense and only participate in activities within your level of skill and experience that you are comfortable with. Joiiin expressly disclaims any and all liability for any loss, injury, damage, harm or any other claim to You or your property as a result of your use of the App and Services and neither Joiiin, nor any of its officers, directors, employees, agents, service providers or Ambassadors shall be liable for any injury, including death, arising from your participating in activities organized by other users.

 

  1. Release.Because we do not supervise or control interactions between Users, and because We cannot guarantee the true identity, age, nationality of Users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Site, App or Services, You agree that You bear all risk and You agree to release Joiiin (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, ambassadors and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the App or Services, Your interactions and transactions with other Users of the App and Services, Your third party transactions, and our resolution of any disputes among Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

 

  1. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.  THE SERVICE, JOIIIN APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.”  JOIIIN SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  JOIIIN DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE APP OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK IN THE APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE APP, AND JOIIIN SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. JOIIIN WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

 

  1. LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL JOIIIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE JOIIIN APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE APP (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE JOIIIN APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE APP OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE APP. THESE LIMITATIONS SHALL APPLY EVEN IF JOIIIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JOIIIN’S LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), AND WILL AT ALL TIMES BE LIMITED TO THE GREATEROF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID JOIIIN IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

  1. INDEMNIFICATION.  YOU SHALL INDEMNIFY AND HOLD JOIIIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND AMBASSADORS HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

 

  1. Termination.  Joiiin may, under certain circumstances and without prior notice, immediately terminate Your ability to access the App or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Joiiin (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the App (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities.  Termination of Your access to the App may also include removal of some or all of the materials uploaded by You to the App. You acknowledge and agree that all terminations may be made by Joiiin in its sole discretion and that Joiiin shall not be liable to You or any third-party for any termination of Your access to the App or for the removal of any of the materials uploaded by You to the App.  Any termination of these terms of use by Joiiin shall be in addition to any and all other rights and remedies that Joiiin may have.

 

  1. Availability & Updates.  We are constantly continuing to develop, and Joiiin may alter, modify, add suspend, or discontinue the App or certain portions of the App at any time and for any reason or no reason, without notice. The Service and/or Joiiin App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Joiiin may periodically add or update the information and materials on the App without notice.
  2. Security.  Information sent or received over the Internet is generally unsecure and Joiiin cannot and does not make any representation or warranty concerning security of any communication to or from the App or any representation or warranty regarding the interception by third parties of personal or other information.

 

  1. General.  These Terms of Use, together with any privacy policy, constitutes the entire agreement between the parties relating to the Service and all related activities.  These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Joiiin. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Joiiin to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Joiiin must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Joiiin’s prior written consent. These Terms of Use are governed by the laws of the Province of British Columbia and the Laws of Canada applicable therein, without regard to conflicts of laws provisions. The parties to this agreement hereby attorn to the jurisdiction of the courts located in Vancouver, British Columbia.

 

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Joiiin App or Service, please contact us at: support@joiiinapp.com

Last Updated: January 5, 2018