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Terms of Service

Last Modified: August 18, 2023

1. Your Acceptance

Welcome to the Joyraft Terms of Service. This is an agreement ("Agreement") between TTMYS, Inc. ("Joyraft"), the owner and operator of www.Joyraft.com and the Joyraft software, mobile application, components, and any associated services offered (collectively the "Platform") and you ("you", "your", or "User"). Throughout this Agreement, the words "Joyraft," "us," "we," and "our," refer to Joyraft as appropriate in context. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

By clicking "I agree", subscribing to the Platform, and accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement or the Privacy Policy and may notify you when we do so. If you do not agree to this Agreement or the Privacy Policy, please cease using our Platform immediately.

2. Registering for an Account

Users may be required to register on the Platform before accessing portions of the Platform. Users wishing to use the Platform as a Host (defined below) are subject to additional terms within this Agreement. Your information will be collected and disclosed in accordance with our Privacy Policy. All users must provide truthful, up-to-date, and accurate information when registering and must be over the age of 13. If you are under 18, your parent or legal guardian must agree to this Agreement. We reserve the right to verify user credentials and to reject any users.

You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Joyraft immediately of any unauthorized use of your account or any other breach of security. Joyraft will not be liable for any losses you incur as a result of someone else using your password or account, with or without your knowledge. If you create an account on behalf of an organization, you represent and warrant that you have authority to enter into this Agreement on that organization’s behalf.

3. Access

After registering, we grant you a personal, non-transferable, non-assignable, limited, fully revocable right to access the Platform as permitted by us and in accordance with this Agreement. Where you download any mobile application or software to access the Platform, we grant you a personal, non-transferable, non-assignable, limited, fully revocable license to use and access the Platform. All rights not explicitly granted are reserved for Joyraft. If you breach this Agreement, your access or license may be terminated at our discretion. We may also revoke access if we believe your actions may harm us, our business interests, or any third-party rights. Failure by us to revoke access does not waive our rights.

4. Platform Ownership

You acknowledge the Platform—including its structure, organization, and code—any hosted services, and all mobile applications or software components are proprietary to Joyraft and/or its licensors, and that Joyraft and/or its licensors retain exclusive ownership of the Platform, documentation, information, and all intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed by Joyraft. You shall not sell, copy, reproduce, transfer, publish, disclose, display, or otherwise make available the Platform, access to the Platform, or any portions thereof in violation of this Agreement. You shall not remove any proprietary notices from any portion of the Platform. All rights not expressly granted are reserved for Joyraft.

5. Platform and Services

The Joyraft Platform is an event-based social network that allows users to connect with Hosts (defined below) and other third parties. All information and content provided by Joyraft relating to the Platform is for informational purposes only; Joyraft does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. You acknowledge that all information and content accessed using the Platform is at your own risk. You may use the Platform solely as allowed and provided by Joyraft. The Platform is offered "as-is" and "as-available." We reserve the right to modify, update, remove, delete, or otherwise change the Platform, any portions of it, or any services offered at our discretion.

6. Text Messaging and Electronic Communications

The Platform may communicate with you electronically via text, email, or other formats. You may opt out of communications by following the instructions stated in a communication or via your account dashboard. Standard messaging and data rates may apply. If you believe any communications are inappropriate, please contact us immediately.

7. User Privacy

We value your privacy. Our Privacy Policy is incorporated into this Agreement and governs your submission of information to the Platform. Some or all User Content may be publicly accessible or shared with other Users of the Platform. Please review our Privacy Policy to understand our practices.

8. Use of the Platform

When using our Platform, you are responsible for your conduct. You agree that you will not:

  • You may not copy, distribute, access, or disclose any part of the Platform in any medium, including by automated or non-automated "scraping" or unauthorized use of any server API.
  • You may not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform.
  • You may not use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Platform or extract data.
  • You may not use automated bots or other software to send more messages through our Platform than humanly possible.
  • You may not use the Platform on a computer used to operate nuclear facilities, life support, or other mission-critical applications.
  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it.
  • You may not access our Platform to build a similar or competitive product.
  • You may not use the Platform in an unlawful manner.
  • You may not take any action that imposes, or may impose (in our sole discretion), an unreasonable or disproportionately large load on our infrastructure.
  • You may not collect or harvest any personally identifiable information, including account names, except where permitted by the Platform.
  • You may not violate or infringe others' intellectual property, privacy, or contractual rights.
  • You may not violate any requirements, procedures, policies, or regulations of networks connected to Joyraft.
  • You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it, or derive income from its use, unless enabled through Platform functionality.
  • You may not interfere with or disrupt the Platform.
  • You may not use the Platform in any way that is misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
  • You agree not to hold Joyraft responsible for your use of the Platform.
  • You agree not to cause or aid the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of the Platform, including the de-indexing or de-caching of any portion of the Platform from a third party’s website, such as requesting its removal from a search engine.

If you are discovered to be undertaking any of the above actions, your privileges to use our Platform may, at our discretion, be terminated or suspended. If we believe your actions may harm us or a third party, we may suspend or terminate your use of the Platform. Generally, we will provide an explanation, but we reserve the right to suspend or terminate any account at any time without notice or explanation.

9. User Content

Any user's ability to submit or transmit information through the Platform—including content, data, recordings, information, written content, images, videos, or other information—will be referred to as "User Content." We are not required to host, display, migrate, or distribute your User Content and may refuse to accept or transmit any User Content. You are solely responsible for User Content submitted and release us from liability associated with it. Any User Content found to violate this Agreement or to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting User Content you represent and warrant that you own all rights to the User Content, have paid any fees to use or license it, or otherwise have permission to use it. You further represent and warrant that all User Content is legal and does not interfere with any third-party rights or obligations.

When you submit User Content, you grant Joyraft, its partners, affiliates, users, representatives, and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, worldwide, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works of, and use and reuse all or part of your User Content for any and all purposes. User Content may be shared with third parties and the general public. Joyraft has no liability to users for any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason, with or without notice.

10. User Content Guidelines

Please be aware that all User Content may be viewed by third parties. You agree that:

  • User Content is truthful, up-to-date, and accurate.
  • User Content does not contain confidential information.
  • User Content does not contain nudity, sexual, or explicit content.
  • User Content does not depict gratuitous violence, animal or child abuse, or encourage violence.
  • User Content does not contain hate speech or promote/condone violence against individuals or groups based on protected characteristics.
  • User Content is not spam and is not politically controversial.
  • User Content is not misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you violate these Guidelines or if we believe any User Content may harm the Platform, your access may be suspended or terminated.

11. User Messaging and Comments

Users may be able to send messages or comments. As a community, we expect communications to be civil and reasonable. All messages and comments are User Content and subject to the Guidelines. Do not use messaging/comments to send unsolicited communications, promotions, advertisements, or spam. You agree not to misrepresent or impersonate another business or user, transmit malware, burden network capacity, or disable/override/interfere with any portions of the Platform. We reserve the right (but not the obligation) to review, delete, remove, edit, or modify any messages or comments that violate this Agreement, with or without explanation.

12. User Content Accessibility

User understands that User Content submitted to the Platform may be shareable or viewable by third parties. Do not share highly sensitive or confidential information. User releases Joyraft from any liability related to exposure or misuse of any User Content submitted through the Platform.

13. Monitoring User Content

Joyraft has the right, but not the obligation, to monitor all User Content to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Joyraft may remove any User Content at its sole discretion, including where we believe it may harm us or our business interests or violate any U.S. laws or regulations. We have no obligation to retain or provide you with copies of any User Content after termination.

14. Platform Availability

Although we try to provide continuous availability, we do not guarantee the Platform or any Joyraft services will always be available or accessible at any particular time. We do not guarantee uptime. The Platform uses remote access and may not always be 100% reliable or available. Only eligible users may use the Platform, and we may refuse service or terminate access at any time. We cannot guarantee that anything found on our Platform will function as you desire or produce desired results.

15. Modification of Platform

We reserve the right to alter, modify, update, or remove the Platform or any Joyraft services at any time, at our discretion, including discontinuing features or functionality without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuance. We may determine the timing and content of software updates, which may be automatically downloaded and installed without notice. We may conduct modifications for security, intellectual property, legal, or other reasons and are not required to explain such modifications or provide access to previous versions.

16. User Account Holds

From time to time, Joyraft may place a hold ("Hold") on a User’s account, including if: (1) we believe User’s actions violate this Agreement, may harm our business, are deceptive, misleading, unlawful, or interfere with third-party rights; (2) at the request of our payment processors or due to delayed payment; or (3) to comply with a court order, subpoena, writ, injunction, or applicable laws and regulations. If you have questions about a Hold, please contact us. We may suspend access while a Hold is in place.

17. Intellectual Property

The name "Joyraft" and the design of the Joyraft Platform and any text, writings, images, templates, scripts, graphics, interactive features, and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Joyraft, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Joyraft reserves all rights not expressly granted. You agree not to use, copy, or distribute anything within the Platform without our express written permission.

18. Idea Submission

Joyraft and its employees do not accept or consider unsolicited ideas, including ideas relating to processes, technologies, product enhancements, or product names. Please do not submit unsolicited ideas, content, artwork, suggestions, or other works ("Submissions"). If you submit any Submission, you agree that: (1) your Submissions and their contents will automatically become the property of Joyraft, without compensation; (2) Joyraft may use or redistribute the Submissions and their contents for any purpose and in any way; (3) Joyraft has no obligation to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

19. Users and Hosts

Through the Platform, Users may connect with other users that organize events or activities ("Hosts") or other third parties. You are solely responsible for any interactions with other users or Hosts. Joyraft does not endorse, may not verify, and does not warrant any Hosts encountered on the Platform and has no affiliation with such Hosts. THE USER AGREES TO HOLD JOYRAFT FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR ACCESS TO OR INTERACTIONS WITH ANY HOST INCLUDING ANY HOST USER CONTENT OR ANY OTHER THIRD PARTY. Joyraft is not responsible for the conduct, whether online or offline, of any user or Host and will not be liable for any claim, injury, or damage arising in connection with any Host or Host User Content. User and Host are solely responsible for resolving disputes. Although Joyraft may display Host User Content based on information provided by a Host, Joyraft does not introduce, endorse, verify, or recommend any Host User Content. Use caution and common sense when sharing content with a Host. Joyraft does not direct, is not an employer, has no control over, and does not guarantee the quality, safety, or legality of any Host Content or actions by a Host. Any agreements between User and Host are solely between those parties. User shall indemnify and hold Joyraft harmless from claims related to Hosts in accordance with this Agreement.

20. Third Party Content

Joyraft does not endorse or warrant any third-party content ("Third Party Content") and does not assume responsibility for Third Party Content encountered on the Platform. If you use or access any Third Party Content, you do so at your own risk. Independently evaluate Third Party Content and do not solely rely on it to make decisions. For more information regarding Third Party Content, contact the owner of such content. Joyraft assumes no liability for inaccuracies or misstatements made by such third parties.

21. Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER JOYRAFT NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY JOYRAFT SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JOYRAFT OR VIA THE PLATFORM. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM HARMFUL COMPONENTS. WE DO NOT WARRANT THAT INFORMATION (INCLUDING USER CONTENT) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. WE DO NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.

22. Limitation of Liability

IN NO EVENT SHALL JOYRAFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOYRAFT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO USE THE PLATFORM DURING THE PAST SIX (6) MONTHS OR ONE HUNDRED USD, WHICHEVER IS LESS.

23. Indemnity

You agree to defend, indemnify, and hold harmless Joyraft and its affiliates from claims arising from:

  • Your use of and access to the Joyraft Platform and your interaction with other users (including Hosts);
  • Your violation of any term of this Agreement; or
  • Your violation of any third-party right, including any copyright, property, or contractual right.

This obligation survives this Agreement and your use of the Platform, and includes reasonable attorneys’ fees, court costs, and disbursements. We may elect to settle a claim and you shall be liable for the damages as though we had proceeded to trial.

24. Copyrights

We take copyright infringement seriously. If you believe content owned by you has been infringed, please send a notice containing:

  • Your name;
  • The name of the party whose copyright has been infringed, if different;
  • The name and description of the work that is being infringed;
  • The location on our Platform of the infringing copy;
  • A statement that you have a good-faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party legally entitled to do so) and is not otherwise permitted by law;
  • A statement under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or have the exclusive right to bring infringement proceedings.

Sign the notification and send it to our Copyright Agent: Copyright Agent of Joyraft, hello@joyraft.com or PO Box 590455, Newton Center, MA 02459.

Counter Notice

If you receive a copyright takedown notice, you may file a counter-notice pursuant to the DMCA. Your counter-notice must contain:

  • Your name, address, email, and physical or electronic signature;
  • The notification reference number (if applicable);
  • Identification of the material and its location before removal;
  • A statement under penalty of perjury that the material was removed by mistake or misidentification;
  • Your consent to the jurisdiction of a federal court in your district (U.S.) or where your vendor is located (non-U.S.); and
  • Your consent to accept service of process from the party who submitted the takedown notice.

We may not take action on your counter-notice unless it strictly complies with the foregoing requirements.

25. Choice of Law

This Agreement is governed by the laws of the Commonwealth of Massachusetts. The offer and acceptance of this contract is deemed to have occurred in Massachusetts.

26. Disputes

Any dispute relating to your visit to the Platform or the Joyraft services shall be submitted to confidential arbitration in Boston, MA, pursuant to the applicable Consumer Rules ("Rules") of the American Arbitration Association (adr.org). Arbitration shall be conducted in English by one (1) arbitrator; the award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party is responsible for its own fees and costs. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party, whether through class action or otherwise. Where permitted by the Rules, both parties may make appearances telephonically, in written briefs, or electronically.

You agree that any claim or cause of action arising out of or related to the Platform or this Agreement must be filed within one (1) year after it arose or be forever barred. Notwithstanding the foregoing, either party may seek equitable relief in a court of competent jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court. If arbitration is unenforceable, actions and disputes shall be brought solely in a court of competent jurisdiction located in Boston, MA.

Opt-Out. You may opt out of this dispute resolution provision by notifying Joyraft within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. Write to: PO Box 590455, Newton Center, MA 02459, attn: Arbitration Opt-Out, and include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Joyraft through arbitration. Where you opt out, all disputes shall be heard in a court of competent jurisdiction in Boston, MA.

27. Class Action and PAGA Waiver

You and Joyraft agree that any proceedings to resolve or litigate any dispute—whether through a court of law or arbitration—shall be conducted only on an individual basis. You agree not to pursue any dispute as a class action, representative action, collective action, or private attorney general action.

28. Severability

If any provision of this Agreement is found unlawful, conflicting, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that provision. If two or more provisions of this Agreement or any other agreement you may have with Joyraft are deemed to conflict, Joyraft has the sole right to elect which provision remains in force.

29. Non-Waiver

We reserve all rights permitted under this Agreement and applicable law. Our non-enforcement of any provision should not be construed as a waiver of our right to enforce that provision under the same or different circumstances in the future.

30. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement without our prior written consent. We may assign our rights and/or obligations to any party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive, including Limitation of Liability, Representations and Warranties, Access, PAGA and Class Action Waivers, Indemnification, and Arbitration.

31. Termination

You may cancel access to the Platform or terminate this Agreement at any time via your dashboard or by contacting hello@joyraft.com. Upon termination, access to portions of the Platform may become disabled and User Content may become inaccessible. We may terminate this Agreement if: (1) you have violated applicable laws; (2) you have violated this Agreement or Platform policies; or (3) we believe your actions may legally harm Joyraft, our business interests, or a third party. We may—but are not required to—provide an explanation.

32. Entire Agreement and Notices

This Agreement, together with the Privacy Policy, constitutes the complete and exclusive understanding between the parties and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Any waiver, modification, or amendment is effective only if in writing and signed by a duly authorized representative of each party. Where this Agreement conflicts with our Privacy Policy or other website documentation, this Agreement controls (unless explicitly stated otherwise). Notices to Joyraft: PO Box 590455, Newton Center, MA 02459, USA (delivery confirmation required). Notices to User: electronically via email to the address in User’s account.

33. Amendments

We may amend this Agreement from time to time. When we amend it, we will update this page and the "Last Modified" date or we may email you. If you refuse to agree to the amendments, you must immediately cease using our Platform.

34. Electronic Communications

The communications between you and Joyraft use electronic means, whether you visit the Platform or send emails, or whether Joyraft posts notices on the Platform or communicates via mobile notifications or email. For contractual purposes, you (1) consent to receive communications from Joyraft in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Joyraft provides electronically satisfy any legal requirement that such communications would satisfy if in writing. The foregoing does not affect your statutory rights.

35. Platform Issues

Where you have questions, issues, or trouble accessing or using the Platform, please contact hello@joyraft.com.

36. California Users

Pursuant to California Civil Code Section 1789.3, questions about pricing, complaints, or inquiries about Joyraft must be sent to our agent for notice at hello@joyraft.com or PO Box 590455, Newton Center, MA 02459.

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

37. Additional Terms for Hosts

Where a User uses the Platform to create an event or activity, such User is a "Host". Hosts are subject to all User terms and the additional terms in Sections 37-41. We may discontinue any services offered by the Platform, including services used by Hosts. We may reject or terminate any Host account at our discretion.

38. Independent Contractors

This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker, or agency relationship between a Host and Joyraft. The relationship is that of independent contractors. Host has no authority (and shall not hold out as having authority) to bind Joyraft and shall not make agreements or representations on Joyraft’s behalf without prior written consent.

39. Event Pages and Policies

Hosts may create event or activity pages ("Event Pages"). Event Pages are set up and controlled by Hosts, who represent and warrant that all Event Pages are regularly updated and accurate. Event Pages must have clear terms and conditions and clearly posted policies related to any event. Joyraft reserves the right to remove any Event Page at its discretion.

40. Host User Content

For any User Content a Host submits, Host represents and warrants that: (1) Host owns or has properly licensed all Host User Content; (2) it does not infringe intellectual property, privacy, or publicity rights; (3) it does not violate U.S. state or federal laws or third-party agreements; (4) Host has sole, exclusive, and unencumbered ownership of all rights in the Host User Content and clear title to subsidiary materials; and (5) Host has the absolute right to grant Joyraft all rights, licenses, and privileges in the Host User Content.

41. Disputes (Hosts)

Users and Hosts are solely responsible for resolving disputes between them. Joyraft may, but is not obligated to, assist in a dispute. Where Joyraft assists, Host agrees to abide by Joyraft’s decisions regarding such dispute.

42. Host and User Interaction

THE HOST AGREES TO HOLD JOYRAFT FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF ANY INTERACTIONS WITH USERS. JOYRAFT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH ANY USER OR USER CONTENT ENCOUNTERED. Any contracts entered into between a Host and any User are solely between those parties. Any agreements or services exchanged are solely the responsibility of User and Host. Joyraft is not a party to any such contracts.