TERMS OF SERVICE
DATE OF LAST REVISION: April 27, 2018
Welcome to Joyride!
Kiwi, Inc., (“Joyride,” “we,” “us,” “our”) provides its services (described below) to you (“you” or “User”) through its website located at https://www.onjoyride.com/ (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective for new users immediately upon posting and for continuing users thirty (30) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Access and Use of the Service
Services Description: The Service is designed to provide an interactive entertainment platform for you to hang out with your friends in private rooms, make new friends in private or public rooms, play or watch games in live video and watch shows and even participate in shows in live video.
Live Groups: When you use the Service, you will be able to join a video chat with another User with whom you are connected on the Services (a “Connection”) or join a public video chat room (a “Live Group”). If you choose to connect with a Connection, no other User will have access to the video chat unless invited to do so by a Connection. If you choose to participate in a public Live Group, any Connection or other User is able to join the same video chat session.
Live Stream: We may offer you the opportunity to live stream video chat sessions on selected social media platforms and/or on the Service or the Service may live stream a Show or Contest described below in which you are participating. If you or someone else in the video chat chooses to live stream or the Service begins to live stream, all participants will be notified of the broadcast. If you choose to stay in the video chat or choose to continue to participate in the Show or the Contest when a live stream begins, you consent to the video live stream.
Shows: The Service allows you to tune into a live show hosted by the Service (a “Show”). While tuning into a Show you may be given an opportunity to participate in the Show. If you choose to participate in a Show, your participation will be live streamed to other Users along with the rest of the Show. You may be offered an opportunity to participate using your user avatar and chat messages or possibly using your video feed. By participating by user avatar/chat messages you consent to this live-stream. Unless otherwise indicated, you will not become a participant in a Show using your video feed without opting-in on a Show by Show basis. By opting-in to participate in a Show, you consent to this live stream including your video feed.
Contests: If you are 18 years or older, or 13 – 17 years old and acting with permission of your parent or legal guardian, the Service allows you to enter trivia contests (“Contests”) to play against other users to try to win cash and other prizes. By entering a Contest when you are less than 17 years old but 13 years or older you will be representing that you are acting with permission of your parent or legal guardian. Contest rules can be found here. If you choose to participate in a Contest, your participation may be live streamed to other Users along with the rest of the Contest.
Contacts: If you choose to import your personal contacts from your mobile device we will access your personal contacts in order to identify Users that you may know that are using the Services and to provide other Users with suggestions for potential Connections based on mutual contacts. We also use this information to help connect you and others with users in Live Groups. If you choose not to import your personal contacts, the Service may not function or function as intended for you.
Invitations: We may offer you the opportunity to invite other Users to join in your group video chats or otherwise enjoy the Services. If you choose to invite one or more of your friends using text messaging or another communications application we may suggest content for the message. You may be able to edit that suggested content, and if you choose to send message invitations, those messages will be sent from a native messaging application on your device or by our service on your behalf. Normal text message rates charged by your carrier will apply. If you choose to send such invitations, you represent to the 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.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Joyride of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Joyride will not be liable for any loss or damage arising from your failure to comply with this Section. You may only associate one given Paypal account, Facebook account, or other unique account in our sole discretion with a specific and unique Joyride account. You may only use one active Joyride account at a time. We use various methods to discover whether multiple accounts are controlled by the same individual. We reserve the right to terminate any or all multiple accounts controlled by a single individual and to withhold any prizes from such individuals. So hey, please don’t do it.
Modifications to Service: Joyride reserves the right to modify or discontinue, temporarily or permanently, the Service (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 Service.
General Practices Regarding Use and Storage: You acknowledge that Joyride may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service 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 maintained or uploaded by the Service. You acknowledge that Joyride reserves the right to terminate accounts that are inactive for an extended period of time. 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.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Joyride and other entities by SMS, MMS, text message, email, push notifications, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Joyride account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Joyride. Joyride reserves the right to investigate and take appropriate legal action against anyone who, in Joyride’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities. You agree to not use the Service to:
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Joyride, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Joyride or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18 if you are over the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
upload or view images or video of naked or partially naked persons or pornography of any kind;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Fees. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Joyride information regarding your credit card or other payment instrument or log in to your account for payment through a mobile platform. You represent and warrant to Joyride that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Joyride the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. If relevant for your purchased service, you hereby authorize Joyride to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Joyride know within sixty (60) days after the date that Joyride charges you. We reserve the right to change Joyride’s prices. If Joyride does change prices, Joyride will provide notice of the change on the Site or in an email to you, at Joyride’s option, at least 30 days before the change is to take effect, unless the subscription or billing period is shorter than 30 days in which case we will inform you at least one billing period in advance. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Joyride’s net income.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Apple-Enabled Software Applications
Joyride offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Joyride and you acknowledge that these Terms of Service are concluded between Joyride and you only, and not with Apple, and that as between Joyride and Apple, Joyride, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Joyride’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Joyride and you acknowledge that Joyride, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Joyride and Apple, Joyride, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you 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) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Joyride as follows:
460 S. California, #201
Palo Alto, CA 94306
Joyride and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Joyride, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Joyride from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Joyride, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Joyride.
The Joyride name and logos and related game names/logos are as applicable trademarks and service marks of Joyride (collectively the “Joyride Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Joyride. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Joyride Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Joyride Trademarks will inure to our exclusive benefit.
Ownership: You retain your rights to any User Stream you create through the Services. Subject to your ownership of your User Stream (as defined below), all right, title, and interest in and to the Services and Content are and will remain the exclusive property of Kiwi, Inc., and its licensors.
Third Party Material: Under no circumstances will Joyride be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Joyride does not pre-screen content, but that Joyride and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Joyride and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Joyride, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Ownership; User Content Transmitted Through the Service: You retain all your rights to any video stream you create through the Services (“User Stream”). With respect to the content or other materials you upload through the Service or share with other users or recipients via a User Stream or otherwise (“User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Joyride and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Joyride are non-confidential and Joyride will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Joyride may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Joyride, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Joyride respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Joyride of your infringement claim in accordance with the procedure set forth below.
Joyride will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Joyride’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
460 S. California, #201
Palo Alto, CA 94306
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Joyride will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Joyride has adopted a policy of terminating, in appropriate circumstances and at Joyride's sole discretion, users who are deemed to be repeat infringers. Joyride may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Joyride has no control over such sites and resources and Joyride is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Joyride will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Joyride is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, Joyride is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Joyride is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Joyride enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Joyride and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on Joyride.
At Joyride’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. 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, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. 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 the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, 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. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if Joyride changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service ), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Joyride’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Joyride in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND JOYRIDE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND JOYRIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
You agree that Joyride, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content including withholding of any pending winnings within the Service, for any reason, including, without limitation, for lack of use or if Joyride believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Joyride may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Joyride may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Joyride will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Joyride will have no liability or responsibility with respect thereto. Joyride reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Joyride and govern your use of the Service, superseding any prior agreements between you and Joyride with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Joyride agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Joyride to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign this Terms of Service without the prior written consent of Joyride, but Joyride may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
LAST Updated: APRIL 27, 2018
Welcome to Joyride!
Information We Collect
When you download and use the Joyride App, we collect the following information from you, including information that, whether alone or in combination, can be used to identity you (“Personal Data”), and we maintain this information for up to three years after your last interaction with the Joyride App:
Profile Information: When you download and first use the Joyride App, we will ask you for your phone number and email address. We will also ask permission to access your phone’s camera, microphone and location services. We may also collect other information in connection with the Services. For example, we may collect your birthdate in order to guard against individuals under the age of 13 using the Services, or take a voice print to assist in identifying users on the Services. We may also allow you to log into the Services using your account information in connection with certain social media sites such as Facebook and Twitter (“Social Media Services”).
Contact Information: You may choose to allow the Joyride App to access your phone’s contacts to help you find friends to share in video chatting or playing games in the Joyride App. When you allow us access to your contacts we collect the phone numbers, names, email addresses and other available information about the people in your contacts list.
Location Data: We may receive information about your location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID).
Camera, Microphone and Photos: In order to use the Joyride App, we will need to access your phone’s camera, camera roll and microphone.
Data from Social Media Sites: We will collect certain Personal Data from Social Media Services, and will enable our users to log in to Social Media Services to share User Generated Content created in the Services. Information may include Personal Data that you have given to the social media site including profile photo, email address and other information, such as group memberships, interests, birth dates, and schools attended.
Data Collected For Monitoring and Compliance Purposes: We collect a variety of Personal Data for compliance and monitoring purposes. For example, we may collect and use voice print analysis, facial features analysis, WiFi ID, Mac Address ID, and any other relevant personally identifiable characteristics to qualify users into the Joyride App and as a means of enforcing restrictions against users who have been disqualified. We also use facial analysis, voice print analysis, and other characteristics to identify user gender and to personalize user experiences. To protect our company and our users, we enable anonymous observation of public areas without further disclosure to participants. We also employ moderators to monitor and record certain activity in our public rooms.
Usage and Communication Information: When you use the Joyride App, we collect certain information about how you use the service, such as the length of time you are on the service, features you are utilizing in the product, and other log information.
How We Use The Information We Collect:
We use the information that we collect for the following purposes:
To Provide the Joyride App or Services: We use the information we collect, including Personal Data and passively collected data described above, to provide you the Joyride App or Services, including video chat, our games, contests, online shows and other services, and to help you find and invite friends to the Joyride App.
GIF Generation and Video and Audio Recording: We generate GIFs, video clips, and similar media for users when they use our Services. Users are free to share GIFs on Social Media Services, through text and email communications and in other manners without prior notice to or consent of others’ whose images and other content might appear on those GIFs. While you are playing or otherwise communicating within the Joyride App, we temporarily store (“cache”) the video and audio recordings of your conversations in order to provide the service. These videos and audio recordings are stored for as long as necessary to provide the Service. We may share this content as described in “How We Share Information” below. In addition, we also employ moderators to monitor and record certain activity in our public rooms. Users of the Joyride App, may elect to record or stream the conversations, game play and other activity occurring in a particular room. When you are in a given room on the Joyride App, you will be informed through a visual clue or otherwise whether or not the content created and activity conducted in that room is being recorded or streamed. If a particular room is the subject of a recording or a stream and you do not wish to be recorded, you are advised to exit from that room. If you choose to remain in a room where activity and communications are being recorded and/or streamed, you consent to participating in those recordings and streams. Other users of the Services may record and share activity, communications, video and audio feeds publicly through social media services and through the user’s own email and text communications with various third parties. In addition to the foregoing, please be aware that users are able to use their own hardware to generate recordings of any activity occurring within any rooms on the Services. If you participate in an online trivia and other skill based contests or choose to participate in an online show that you watching through the Service your participation will be recorded and may be shared as described in How We Share Information below. By participating in these aspects of the Services you consent to these recordings and shares.
To Find and Invite Friends to the Joyride App: We use the information we collect from your contacts to help you find other friends on the Joyride App. You can also invite friends to the Joyride App by sending a text message from your phone or through another method. We also may connect with social media services (like Facebook or Twitter) (“Social Media Services”) to find other Joyride App users that you may know. When you invite a friend to the Joyride App, that friend may be able to see your mobile phone number and other Profile Information.
To Communicate with You: We may use your Profile Information to communicate with you including to tell you about services or other apps, games and offers we believe will be of interest to you. We may also send you text messages related to your use of the Services. Please see the additional information in “Text Messages” below.
To Reward you for Winning Contests or other Activities on the Service: For instance, if you enter an online trivia contest and win a cash prize, we will use your PayPal address to send your winnings to you. See our online contest rules here. If you win credits of virtual currency in the Service we will use your account information to credit your account for that virtual currency. There can only be one Paypal account associated with one Joyride account and vice versa.
Push notifications: To let you know of invitations and current Live Groups, online trivia and other skill based contests and online shows the Joyride App uses the notification service on your device. If you decline to enable push notifications for the Joyride App, we will communicate with you via email and/or text messages, if you have agreed to receive messages via text or email. By registering with, and continuing to use the Joyride App, you have consented to Joyride using push notification to your device if you have enabled them, or communicating with you via email and/or text messages otherwise.
Speech Services: When you use voice features of the application such as guessing games where you guess the answer by saying it. While you are using the voice features, we will send the data of what you are saying to our servers and third party services to enable the speech processing for the application you are using. We do not store the speech unless submitted by you to us for quality control purposes.
Direct Marketing: Before we share your Personal Data with third parties for their own direct marketing purposes, we will offer you the opportunity to opt-out from such sharing generally.
How We Share Information
We share information that we collect, including Personal Data as described below:
The Public and Other Users and Third Parties: We may share your Personal Data, as well as images and any other data or information contained in your account or associated with your use of the Services with all other users of the Services. Furthermore, other users may connect or otherwise engage with you on the Services, and such users can see, for example, content that you have uploaded to or shared on the Services. Individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We therefore urge you to think carefully about sharing any specific information you may deem private in connection with your use of the Services.
Business Transfers: In the event of a corporate sale, merger, reorganization, financing due diligence, receivership, dissolution or similar event, your information, including Personal Data, may be transferred to a successor or affiliate either independently or as part of that transaction along with other assets.
Agents, Consultants and Related Third Parties: We engage third party vendors and service providers to perform certain functions on our behalf, such as hosting portions of the Joyride App, maintaining databases, delivering content, sending emails or in-app messaging, administering content, running ads, processing speech, processing payments or otherwise operating the services. We share information with vendors and service providers as necessary for them to provide these services on our behalf.
Legal Requirements: We may disclose information about you if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Joyride, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, (iv) protect against legal liability, or (v) enforce our Terms and Conditions.
With Our Parent Company, Kiwi, Inc.: We may share information, including your Personal Data with our parent company, Kiwi, Inc., and its subsidiaries and affiliates.
With Your Consent: We may otherwise share or disclose information, including your Personal Data, with your consent.
Please note that information you share while using the Services may become public on the Internet or within a community of users, so you should exercise discretion when using the Services. Personal Data disclosed by you may be collected by other third parties or users of such Services and may result in unsolicited messages or may be shared with or disclosed to other third parties. We are not responsible for protecting such information that you may disclose to third parties through the Services (for example, sending your personal telephone number to another user through the Services). To the extent that you use a profile that may be available to others on the Services, you are solely responsible for its content and accuracy at all times.
Changes to My Account
Should you ever decide to delete your Joyride account, you may do so by contacting us. If you terminate your account, your profile will be deleted from our servers; provided, however, that such deletion may not be immediate, and residual copies of such information may remain on backup media for a reasonable period of time. Furthermore, copies of deleted information may remain viewable elsewhere, to the extent it has been shared with others, or was copied or stored by other users or other third parties or included in aggregated data sets for analysis.
The Joyride App is intended for general audiences, and we do not knowingly collect, maintain, or use Personal Data from children under 13 years of age. If Joyride learns that we have inadvertently collected Personal Data from children under 13 years of age, we will take reasonable measures to promptly delete that information from our databases.
Our Services require users to provide their date of birth. Children under age 13 are strictly prohibited from using our Services.
If you have questions about our privacy practices related to children or if you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Joyride App, please contact us at firstname.lastname@example.org.
Third Party Sites’ Ad Applications
By using the Services, you acknowledge and agree note that you are consenting to the transfer of your information to the United States and the processing of your information globally. The privacy and data protection laws in the United States may differ from and, in some case, may be less stringent than the laws in effect in your country of residence. By using the Services, you acknowledge and agree that the privacy and data protection laws in effect in the United States will apply to your Personal Data and other data that you provide to us through the Services.
We take reasonable steps to protect the information you provide from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, the Internet cannot be guaranteed to be 100% secure, and we cannot warrant the security of any information that you provide to us.
Joyride Contest Rules
LAST UPDATED: September 17, 2018
No Purchase or Payment Necessary to Enter or Win
Kiwi, Inc. (the “Sponsor”) is the sponsor of all contests (the “Contests”) hosted on the Joyride mobile application (the “App”). The Contests are not sponsored, endorsed, administered by, or associated with Apple Inc. or its subsidiaries or affiliates.
Contests are Games of Skill, Not Chance
Contests taking place in the App are not games of chance and there is no systemic chance involved in the elements of the Contests. The questions and the order of the questions for each Contest are the same for all users. Sponsor strives to keep its database of questions up to date and the results of each Contest will be judged based on the answers registered in the system as the “right” answers. Notwithstanding the foregoing, Sponsor is not and shall not be responsible for the outcome of Contests as a result of questions stored in the database with incorrect answers.
Subject to these Contest Rules, the Contests are open to anyone in the world who is at least 18 years old as of the date of entry or those 13 – 17 years old who enter a Contest with permission of their parent or legal guardian. You are responsible for ensuring the contests are permissible in your domicile and your participation is prohibited if in in violation of any applicable laws or regulations. Any user who is between 13 and 17 years old who enters a Contest represents by that action that they have the permission of their parent or legal guardian to do so. Note that in order to collect cash prizes from a Contest a user must have access to a PayPal account, which access also requires permission from a parent or legal guardian for those persons 13-17 years old. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of the Contests, and their immediate family members or household members are not eligible to participate in or win the Contests. THE CONTESTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE TREATED AS CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
Notice to all international entrants
It is your responsibility to comply with the contest laws of your country/jurisdiction. By entering this Contest, you acknowledge the risks, and understand that you may win but not be able to receive a Prize. You acknowledge that certain countries/jurisdictions have laws regarding contests that may prevent Sponsor from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor.
New Contests will be announced through the App from time to time. You may join a Contest as a contestant until it begins and you can join a Contest as a spectator at any time provided there are no technical requirements that restrict viewers.
Certain Contests will be run as special shows (“Special Shows”), such that to join the Contest, a user must either 1) exchange a designated amount of an in-app virtual resource or currency (“keys” or other similar currency) or 2) have a certain, pre announced number of friends also registered in the app to join the Contest. Any user who fails to exchange the designated amount of keys or meet the Friend requirement for that show will join the Contest as a spectator only, will not be able to play the game and will not be eligible for any Prize in that Contest. Some Special Shows will be run ONLY if a preannounced number of users register their spot in the show by exchanging a designated amount of in-app currency.
As part of a user’s onboarding experience, we may invite the user to participate in a truncated Contest experience to introduce the user to our application. If a user completes this Contest successfully, they may be awarded a Prize in the form of an in-app resource or cash.
How to Enter
No purchase or payment is necessary to participate in a Contest; provided that to enter a Contest taking place within a Special Show a user may have to redeem a designated amount of virtual currency Keys. Keys can be earned in the product as giveaways for answering certain questions, by inviting friends into the application and being cited through a referral code, and by taking actions on social media such as posting videos that we may run from time to time. Keys can be utilized for optional power-ups and aids while playing our shows such as gaining an extra life when answering incorrectly, getting access to special hints, and to premium content such as special augmented reality facial filters or mini-games that we may make available from time to time. We may also allow users to purchase virtual currency Keys from time to time as a “package” or to receive virtual currency Keys as one benefit among others to a subscription to the application.
You can enter a Contest by completing each of the following steps:
Download or open the App on your mobile device, and either (a) if you already have Joyride, log into your existing Joyride account, or (b) if you do not already have a Joyride account, sign up for a Joyride account with a verified phone number, your first and last name, your birth date, and a user name.
To join a Contest complete each of the following steps: Navigate to the relevant section on the list of active rooms and Tap "Join" on an open Show/Contest. You will be able to join a Quizzo Contest, a Music Mania Contest, a Trivia Crush Contest, a Film Frenzy Contest, a Superfans Contest, a Sold! Contest, or a Top Pop Contest.
Participation in a contest is first come first served. If the room is “full” due to technical limitations or due to a cap on the number of eligible participants, unless the Sponsor permits reservations for that Contest, users will be admitted to participate in the Contest on a first come first served. Note, not all users who wish to participate may be able to do so, unless the Show is a “Special Show” with requirements set for active participation on the basis of the user’s number of virtual currency Keys, loyalty behavior, win record, cumulative point totals, or other such criteria as Joyride may set from time to time. You acknowledge that Joyride may use any method it elects to select which users to permit to participate in a Contest so long as such method otherwise complies with applicable law.
Various types of Contests will be run in the app and displayed to users prior to the entry to the show. These Contests will have a different set of rules. The Contest Rules for each game will remain the same, whether you participate in a Contest or in a Special Show. New Contests will be run from time to time, and their Rules will be updated here.
Regardless of the Contests entered, there will be a $25 minimum on winnings for cash withdrawals by winners EXCEPT for subscribers, for whom there will be a $10 minimum. All withdrawals will be subject to the terms and conditions of services utilized by the Sponsor to pay winners and may be forfeited if you violate our Terms of Service, Community Guidelines, or Contest Rules.
These are the Contests:
Quizzo. You will have up to 10 seconds to see and respond to each trivia question. If you get the answer right, you will move on to the next round. If you get the answer wrong, you are eliminated for the remainder of the game. This process will be repeated for 12 questions or as revised by the Sponsor from time to time and announced to the players in the Contest. All players remaining who have answered all the questions correctly at the end of the gameplay will be eligible for the cash prize which will be split evenly between them.
Music Mania. You will have up to 10 seconds to listen to the audio clip and guess the song title. If you get the answer right, you will move on to the next round. If you get the answer wrong, you are eliminated for the remainder of the game. This process will be repeated for 12 questions or as revised by the Sponsor from time to time and announced to the players in the Contest. All players remaining who have answered all the questions correctly at the end of the gameplay will be eligible for the cash prize which will be split evenly between them.
Trivia Crush. You will have up to 10 seconds to see and respond to each trivia question. If you get the answer right, you will be awarded points based on how quickly you tapped your answer. If you get the answer wrong, you will be awarded 0 points. This process will be repeated for the first 9 questions, after which we eliminate all players whose current score is below a point cut off that we have designated prior to the show. These players will be eliminated for the remainder of the game. For players who answered correctly, they will move onto the next round. If you get one of these answers wrong, you are eliminated for the remainder of the game. This process will be repeated for 3 additional questions or as revised by the Sponsor from time to time and announced to the players in the Contest. All players remaining who have answered all the questions correctly at the end of the gameplay will be eligible for the cash prize which will be split evenly between them.
Film Frenzy. You will have up to 10 seconds to watch the video clip and 7 seconds to guess the movie title. If you get the answer right, you will move on to the next round. If you get the answer wrong, you are eliminated for the remainder of the game. This process will be repeated for 12 questions or as revised by the Sponsor from time to time and announced to the players in the Contest. All players remaining who have answered all the questions correctly at the end of the gameplay will be eligible for the cash prize which will be split evenly between them.
Sold! You will have up to 25 seconds to see and respond to each question, including viewing the product and guessing the correct price. If you get the answer right, you will be awarded points based on how close to the correct answer you were. If you were too far from the correct answer, you will be awarded 0 points. The final question will be worth double points. This process will be repeated for 8 questions or as revised by the Sponsor from time to time and announced to the players in the Contest. All players remaining who have answered all the questions correctly at the end of the gameplay will be eligible for the cash prize which will be split evenly between them.
Superfans. You will have up to 7 seconds to see and respond to each trivia question. If you get the answer right, you will move on to the next round. If you get the answer wrong, you are eliminated for the remainder of the game. This process will be repeated for 8 questions or as revised by the Sponsor from time to time and announced to the players in the Contest. All players remaining who have answered all the questions correctly at the end of the gameplay will be eligible for the cash prize which will be split evenly between them. In addition, players may exchange a designated amount of in-app currency to play an additional 4 questions with an associated prize pool.
Top Pop. You will have up to 7 seconds to see and respond to each choice. If your choice is in the majority (ie, if most other players picked your same choice), your answer will be considered right. If you get the answer right, you will be awarded points based on how quickly you tapped your answer. If you get the answer wrong, you will be awarded 0 points. This process will be repeated for 15 questions or as revised by the Sponsor from time to time and announced to the players in the Contest. All players who have achieved the pre-announced point cutoff at the end of the gameplay will be eligible for the cash prize which will be split evenly between them.
We will update these rules with the specific ways to join and how to play applicable to other types of Contests in the future.
Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.
The winner of each Contest will receive a cash prize, determined in Sponsor’s sole discretion but displayed at the time that the Contest begins (the “Prize”). In the case of multiple winners (as explained below), such players will split the Prize evenly unless otherwise displayed at the time that the Contest begins.
Certain questions in a Contest can be designated as “Prize Questions”. For such a question, either a portion of the total Prize for that show will be allocated to that question and distributed evenly between all users who answer that question correctly with the Prize for that Contest being reduced by the pay-outs for the Prize Questions, or an in-app virtual currency resource will be awarded to all users who answer that question correctly and the Prize for that Contest will not be reduced by the pay-outs for the Prize Questions.
The winner of a Contest will be determined by the rules of that Contest. If there are multiple winners as determined by these rules (players remaining after a certain number of questions, players who have reached a winning point total, etc) such players will split the Prize evenly unless a different tie breaking or allocation method is displayed to all participants no later than the beginning of the Contest. For any Prize Questions, a portion of the total prize money will be allocated to all users who answer that question correctly. For each Prize Question and each Contest win, the Prizes will accumulate in the user’s Joyride account. The total of each user’s accrued Prizes may be viewed through the user’s Joyride account. If the award of a cash prize is prohibited by applicable law to a user which is otherwise entitled to receive such cash prize, the Sponsor may, in its sole discretion, award an alternative prize consisting of virtual currency for use in the App to that user instead or any other compensation it deems appropriate. Users will need a minimum cash Prize balance of $25 in their account to cash-out via PayPal, a third-party service. No minimum virtual currency Prize balance is required to use virtual currency awards in the App. Cash Prize fulfillment will be subject to the terms, conditions, and privacy policies of PayPal, located at https://www.paypal.com. There can be only one Joyride account linked to a Paypal ID and vice versa.
Each Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to each Contest. The winner will be notified in the App or by email; provided, however, that Sponsor reserves the right to determine an alternate method of notification. The winner must cash-out cash Prizes within 180 days after the date of notification of such Prize. A Contest winner's failure to cash-out the Prize (even if they have not met the $25 minimum eligibility requirement) within the specified 180 days will be considered such Contest winner's forfeiture of the Prize and Sponsor may, at its option and sole discretion, choose not to award the Prize at all. If an entrant is found to be ineligible, including because they are banned or blocked from using the App for breach of Terms of Service, Community Guidelines, or other inappropriate behavior in the sole discretion of the Sponsor. Sponsor may, at its option and sole discretion, choose not to award the Prize at all.
General Conditions and Releases
Notice to all entrants (including international): By entering a Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize. The winner may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
Unless prohibited by applicable law, your participation in the Contest or acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually record you, (ii) have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) you have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
An entrant or winner may be disqualified from a Contest if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in a Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in a Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with a Contest; or (5) any warranty with respect to any Prize or any component thereof. EACH CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
By entering a Contest, you agree to and hereby do release and hold harmless Sponsor, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in the Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with a Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend a Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, Joyride shall promptly post a notice on the App to such effect. Each Contest shall be governed by California law, without regard to conflicts of laws provisions.
At Sponsor’s or your election, all disputes, claims, or controversies arising out of or relating to these Rules or a Contest that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. 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, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Joyride Terms of Service. 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 the Joyride Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Joyride Terms of Service, 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. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.