© COPYRIGHT 2018 JOYRIDES Online ALL RIGHTS RESERVED.
Updated April 9th, 2018
1. PLATFORM USERS.
Two types of users may access the Platform and use the Services – "Visitors" and "Registered Users.".
You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify JOYRIDES of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. JOYRIDES will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
2. USE OF CONTENT AND SERVICES AVAILABLE THROUGH THE SITE.
A. Content. The Platform contains a wide variety of Content (defined below), whether (1) proprietary to JOYRIDES, or (2) proprietary to third parties, or Content proprietary to our commercial partners. “Content” includes, but is not limited to text, software, scripts, data, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that you may view or access through the Site, and Registered User Content. Under no circumstances will JOYRIDES be liable in any way for any Content, including any errors or omissions in any Content or any Content that is libelous or defamatory, or any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content.
B. Services. Through the Platform, we offer (1) to Visitors and to Registered Users free of cost access to our description of the service (2) to Registered Users only, access to an online system that allows users to purchase commercial transportation services and (3) to certain Registered Users only, the ability to promote, sell and manage commercial transportation services. JOYRIDES does not guarantee (i) the existence, quality, safety, suitability, or legality of any of the commercial transportation services on the Platform, (ii) the truth or accuracy of any descriptions, ratings or reviews of the commercial transportation services on the Platform, or (iii) the performance or conduct of any third party. C. Restrictions on Your Use of Content. The following restrictions apply to your use of Content:
i. The Content and the trademarks, services marks and logos on the Platform are owned by or licensed to JOYRIDES, subject to copyright and other intellectual property rights under the law.
ii. Content is provided to You AS IS. You may access Content for your information and use solely as intended through the provided functionality of the Platform and as permitted under this Agreement. You shall not use Content in any manner that infringes our or any third party's intellectual property rights, or other proprietary right or rights of publicity in or to the Content. All rights not expressly granted herein by JOYRIDES and/or its licensors to you are reserved by JOYRIDES and/or its licensors.
iii. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform and/or Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Platform or contained in a file that is uploaded to the Site.
3. PROPRIETARY RIGHTS RESTRICTIONS.
A. All material on the Site, including, but not limited to, Content, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by JOYRIDES or other parties that have licensed their material to JOYRIDES, and are protected by copyright, trademark, and other intellectual property laws. All JOYRIDES trademarks and service marks, logos, slogans and taglines are the property of JOYRIDES. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as specifically permitted, nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Platform without the express written permission of JOYRIDES, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
B. Except as otherwise specifically permitted herein, the Materials on the Platform may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of JOYRIDES or such third-party that owns the Materials. Any modification of the Materials, use of the Materials on any web Platform or networked computer environment, or use of the Materials for any purpose other than as specifically permitted herein or in the applicable Registered User agreement without the prior consent of JOYRIDES or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
4. CHARGES FOR SERVICES.
A. You understand and agree that you are responsible for all charges relating to your use of JOYRIDES Registered User Services. You will be informed of the fees to be charged when you select a commercial transportation service. Fees may vary from provider to provider. You will be responsible for all charges or fees related to any commercial transportation service you select. In the event you dispute any fee or charge, you must dispute such charge directly with the provider. You are free to cancel the services of any provider of commercial transportation services through the JOYRIDES site.
B. You authorize JOYRIDES to charge your credit card for any fees or charges. You will be asked to supply credit card information, which will be verified prior to your selection of any commercial transportation service. You will not be able to use the JOYRIDES Registered User Services to purchase commercial transportation services if the credit card information you provide is inaccurate or if your credit card is declined.
C. By selecting and utilizing commercial transportation services, you authorize us to charge your credit card for any charges. In order to facilitate payment for your commercial transportation services, we will share your credit card information and related personal information with the designated credit card payment processor. This information is shared solely for the purpose of collecting the fees.
D. You agree to update or renew a credit card that is expired or rejected. JOYRICES reserves the right to cancel any commercial transportation services if you do not provide a valid credit card within a reasonable amount of time.
E. In the event you incur any overcharges or additional fees from a provider of commercial transportation services, such as charges or fees caused by additional services ordered by you or penalties for missed services, you hereby authorize JOYRIDES to charge your personal credit card.
F. In the event that you terminate any commercial transportation services purchased through the JOYRIDES Platform or are credited for any other charges and a provider reimburses you for any such charges, JOYRIDESS shall credit such direct reimbursement to your credit card. JOYRIDES shall have no responsibility for, and shall not provide any reimbursements or credits for, any purchases made, or transactions concluded, outside of the JOYRIDES Platform or any transactions between a Registered User offering commercial transportation services and a Registered User purchasing such commercial transportation services. G. JOYRIDES may charge fees to Registered Users and or commercial service providers in consideration for the use of the JOYRIDES Platform. JOYRIDES reserves the right to change the service fees at any time, and Registered Users are responsible for paying for any service fees they owe to JOYRIDES. Except as otherwise provided on the Platform, services fees are non-refundable.
6. VISITOR/USER SUGGESTIONS.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to JOYRIDES (“Comments”) are not confidential and you hereby grant to JOYRIDES a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
7. DIGITAL MILLENIUM COPYRIGHT ACT.
JOYRIDES respects the intellectual property of others and expects users of our services to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Platform or through this service, you must provide the following information when providing notice of the claimed infringement to JOYRIDES:
- • A physical or electronic signature of a person authorized to act on behalf of the copyright owner and identification of the copyrighted work that is infringed;
- • Information reasonably sufficient to permit JOYRIDES to contact you, such as an address, telephone number and/or electronic mail address;
- • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
- • A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted as a written notification to JOYRIDES by writing us at email@example.com, ATTENTION: LEGAL DEPARTMENT/DMCA COMPLAINT. This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
8. LINKS TO THIRD PARTY SITES AND SERVICES; NO IMPLIED ENDORSEMENT.
This Platform contains links to other web sites owned by third parties, which may lead to some sites maintained by our advertisers. Please note that when you click on any of these links, you are entering another web Platform for which JOYRIDES has no responsibility or control. You agree that JOYRIDES shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on our Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
9. DISCLAIMER OF WARRANTY.
ACCESS TO THE SITE, THE SERVICES, THE MATERIALS, AND TECHNOLOGY AVAILABLE ON OR THROUGH THE PLATFORM OR DOWNLOADED THEREFROM IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOYRIDES AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER JOYRIDES NOR ITS LICENSORS WARRANT THAT ACCESS TO THE PLATFORM AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES JOYRIDES AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE, THE SERVICES OR ANY OF THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE PLATFORM OR THE SERVICES OR DOWNLOADED THEREFROM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE SERVICES AND YOUR RELIANCE UPON THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE, THE SERVICES OR DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. FURTHER, JOYRIDES AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE PLATFORM OR THE SERVICES OR THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE PLATFORM OR THE SERVICES OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE PLATFORM OR THE SERVICES OR ANY MATERIALS OR TECHNOLOGY AVAILABLE ON OR THROUGH THE PLATFORM OR THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER JOYRIDES NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM JOYRIDES OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT COMMERCIAL TRANSPORTATION SERVICES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN THOSE SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VULUNTARILY. FOR EXAMPLE, SOME COMMERCIAL TRANSPORTATION SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE COMMERCIAL TRANSPORTATION SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN COMMERCIAL TRANSPORTATION SERVICES.
10. LIMITATION OF LIABILITY.
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES OR ITS MATERIALS OR TECHNOLOGY, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF JOYRIDES OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE JOYRIDES AND HOLD JOYRIDES AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICES OR ITS MATERIALS OR TECHNOLOGY. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
11. EXCLUSIVE REMEDY.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR ANY OF ITS MATERIALS OR TECHNOLOGY, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES, THE MATERIALS AND/OR THE TECHNOLOGY. UNDER NO CIRCUMSTANCES SHALL JOYRIDES, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF SITE, THE SERVICES OR ANY OF ITS MATERIALS OR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS, ANY INFRINGEMENT BY THE MATERIALS, AND/OR THE TECHNOLOGY OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PLATFORM, THE SERVICES OR ANY OF MATERIALS OR TECHNOLOGY AVAILABLE THEREON. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
14. GOVERNING LAW; DISPUTE RESOLUTION.
B. In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature.
C. A printed version of this Agreement and of any related Notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.