Last revised on August 1, 2021.
Welcome to Joyn Connect, operated by Joyn Connect, LLC (“us,” “we,” the “Company” or “Joyn”). The following constitutes a binding agreement between you and us.
This Agreement contains an Arbitration Agreement and allows you to opt-out of arbitration by providing Joyn with an opt-out notice within thirty (30) days of the date you first are subject to this Agreement. See Section 15 below.
We may modify this Agreement and the Service from time to time, for example, to reflect changes in the law, add new features, or change our business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on joyn.one. You are always bound by the most recent version, so you are encouraged to check regularly if changes have been made. If we determine, in our good faith judgment, that the changes are not material, we may not provide you with advanced notice. However, if we consider the changes to be material to your rights or obligations, we will use reasonable commercial efforts to notify you through the Service or via email before such material changes are put into effect.
If you continue to use the Service after changes become effective, then you agree to the updated Agreement. Except as expressly stated in this Agreement (or any future version), the most recent version of this Agreement supersedes all prior agreements and governs your entire relationship with Joyn.
As used in this Agreement, “Your Content” means information that you post, upload, display, or otherwise make available; “Member Content” means information that any other member posts, upload, display or otherwise make available; “Joyn Content” means all text, graphics, images, and information provided by Joyn; “Content” means any or all of the foregoing, as the context requires; and “post” refers to posting, uploading, displaying, or otherwise making Content available.
You must be at least 18 years of age to create an account and use the Service. By creating an account and using the Service, you represent and warrant that:
you are legally capable of forming a binding contract with Joyn;
you will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations;
all information that you submit upon creation of your account is accurate and truthful.
3. Your Account.
You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you think someone has hacked your account, contact us immediately.
Your account is non-transferable, whether to an executor, trustee, custodian, heir, relative, or friend, and all rights to your account and Your Content terminate upon any transfer or attempted transfer.
4. Suspension and Termination.
You may terminate your account at any time by following the instructions in “Settings” in the Service.
We reserve the right to suspend any of our services that are part of the Service or to terminate the Service entirely at any time.
Joyn may terminate your account at any time without notice if, in its sole judgment, it believes you have violated this Agreement, misused the Service, engaged in inappropriate or illegal behavior or communications, whether on or off the Service, engaged in any behavior toward any of our personnel that we consider threatening or offensive, or initiated a chargeback or otherwise reverse a payment to Joyn. Upon such termination, you will not be entitled to any refunds.
If another member has accused you of engaging in inappropriate behavior (e.g., violating our Community Rules stated in Section 8 below), we will make a good faith attempt to validate the accusation before terminating your account. However, all decisions to terminate a member’s account are at our sole discretion and not subject to appeal.
5. Social Networking.
Members of Joyn will have the ability to create and manage groups, join and leave groups, and share information with group members; to send private messages via Joyn to particular groups or individuals registered with Joyn, and to post and publish text and media on the app.
Members of Joyn are “matched” with other members like themselves, and never an employee of Joyn. Consequently, You acknowledge and agree that we shall not be held responsible for the behavior of other members, either on or off the Service, and we cannot guarantee that any information provided by a member is true, accurate, complete, current, and not misleading; and you will not hold us liable in respect of any loss or damage arising out of the conduct of any other member or any information posted on Joyn.
You further acknowledge and agree to the publication of posts relating to you by other members, that such posts may be critical or untrue or hurtful, and that we shall not be held responsible for such posts, irrespective of whether we are aware or should have been aware of such posts, and irrespective of whether such posts are prohibited under Section 8 below or elsewhere in this Agreement.
6. Rights Granted to You.
Joyn grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Joyn and permitted by this Agreement.
Accordingly, you shall not:
use the Service or any Joyn Content for any commercial purpose without our written consent;
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any Joyn Content (including but not limited to textual matter and images), trademarks, trade names, service marks, or other intellectual property, or proprietary information accessible through the Service without Joyn’s prior written consent;
express or imply that any statements you make are endorsed by us;
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
use the Service in any way that could interfere with, disrupt, or negatively affect the Service or the servers or networks connected to the Service;
“frame” or “mirror” any part of the Service without our prior written consent;
use meta tags or code or other devices containing any reference to Joyn or the Service (or any trademark, trade name, service mark, logo, or slogan of Joyn) to direct any person to any other website for any purpose;
use or develop any third-party application that interacts with the Service or any Member Content without our written consent and, if such interaction involves any Member Content, the written consent of such member;
probe, scan, or test the vulnerability of the Service or any system or network;
encourage or promote any activity that violates this Agreement.
Joyn may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
7. Rights That You Grant Joyn.
By creating an account, you grant Joyn the following rights:
A worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute your Content, it is understood by you that any Your Content may be viewed by other members or any person visiting or participating in the Service (e.g., individuals who might receive Your Content shared from other Joyn members). The foregoing license granted by you to Joyn is non-exclusive as to Your Content but exclusive as to any derivative works that combine Your Content with the Service or Joyn Content. By way of example, a screenshot of the Service that includes your Content belongs solely to Joyn;
The right to act on your behalf with respect to infringing uses Your Content taken from the Service by other members or third parties. The foregoing grant includes the authority, but not the obligation, to send so-called “DMCA Takedown Notices” pursuant to 17 U.S.C. § 512(c)(3) on your behalf if Your Content is taken and used by a third party outside of the Service;
The right to monitor and review Your Content, it being understood that shall also have the right to delete Your Content or any part thereof that we believe violates this Agreement or may harm the Service’s reputation.
The right to use and share with others for any purpose and without compensation to you, any suggestions or feedback to Joyn regarding the Service or any modification or improvement thereof.
8. Community Rules.
By using the Service, you agree that you will not:
Reveal your own identity to another member;
Reveal the identity of or “dox” another member;
Impersonate any person or entity or post any image of another person without their permission;
Use another user’s account, share an account with another user, or maintain more than one account; and
Bully, “stalk,” intimidate, assault, harass, mistreat, or intentionally defame any person;
Post any information or matter that:
violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark. or other intellectual property or contract right;
is hate speech, threatening, incites violence, or contains nudity or graphic or gratuitous violence; or
promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
relates to commercial activities (including but not limited to sales, competitions, and advertising), links to other websites, or premium line telephone numbers;
Solicit from other members their passwords for any purpose, or personal identifying information for commercial or unlawful purposes, or disseminate another person’s personal information without their permission;
Use the Service for any purpose that is illegal or prohibited by this Agreement;
spam, solicit money from, or defraud any members, or attempt to do any of the foregoing;
Create another account if we terminated your account unless we have given our authorization.
9. Payments and Purchases.
Auto-Renewal. If you purchase an auto-recurring subscription, your Payment Method will continue to be billed for the subscription until you cancel. You need to do that in your account settings, or, if you subscribed via iTunes or Google Play, in your account settings on those platforms. Simply deleting the Joyn app from your devices will not cancel your subscription.
Payments to Joyn. If you pay us directly, and if your payment is not successfully settled (whether due to expiration, insufficient funds, or otherwise), and you do not correct or update your payment method or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method once it is updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
Refunds. Unless otherwise required by applicable state law, charges for all purchases from Joyn are nonrefundable, and there are no refunds or credits for partially used periods. We will make an exception if the laws applicable in your jurisdiction requires us to provide refunds.
10. Making a Claim of Copyright Infringement.
It is our policy to respond expeditiously to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office website, https://www.copyright.gov.
All members are required to comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity. In accordance with Section 512(i)(1)(a) of the DMCA, Joyn will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Please use the form here to report Content on Joyn that you believe violates or infringes your copyright.
11. Third-Party Services.
The Service may contain links to other websites or resources. Joyn is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Joyn is not responsible or liable for such third parties’ terms or actions or omissions.
Sections 12 through 15 below must be read with care!
12. No Medical Advice or Services.
You agree that:
You will not disregard or delay seeking professional advice, whether from a licensed physician or healthcare provider, because of any Content you have read or obtained through the Service;
Joyn does not provide medical treatment, advice, or diagnosis, is not a healthcare provider, and may not contact you or anyone on your behalf with respect to your medical condition or treatment;
Joyn is not responsible for the accuracy, reliability, effectiveness, or use of information you receive through the Service;
If you receive advice from a medical professional that conflicts with anything on the Service, then the advice of the medical professional will take precedence;
Information and interactions with others via Joyn is not intended to replace professional care by a licensed physician or healthcare provider; and
You will contact a medical professional or call 911 immediately in the event you believe you have a medical emergency.
a. Joyn provides the Service on an “as is” basis and, to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, or otherwise, with respect to the Service, including without limitation, all Content, and all implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement. Joyn does not represent or warrant that the Service will be uninterrupted, secure, or error free, that any defects or errors in the Service will be corrected, or that any Content will be accurate or truthful.
b. Joyn disclaims and takes no responsibility for: (a) any conduct of you or any other member, whether on or off the Service, (b) any Content, it being understood that all Content downloaded or obtained by you and others are at your and their sole discretion and risk; and (c) any action or inaction by you or another person as the result of or related to any Content.
c. Although Joyn reserves the right to enter a 1:1 chat or community group if Joyn believes there is a risk to a member’s safety, or to validate a user complaint, or to review and remove any matter or information that violates this Agreement, Joyn does not guarantee that it will exercise any of its foregoing rights and shall not be held liable for any failure to do so.
d. If you are using the Service as a benefit of your employment, each and every disclaimer by Joyn in this Section 13 shall also be deemed to be a disclaimer by your employer.
14. Limitations on Liability:
a. Definitions. As used in this Section 14,
“Affiliate” means any legal entity that directly or indirectly controls, is controlled by, or is under common control of another legal person, and the word “control” means the power, through ownership of shares or membership interests, to cause direct or cause the direction of the management or policies of the legal entity in question;
“Claim” means any claim of any kind or nature, whether in law or equity, arising out of or related to this Agreement and/or the relationship between you as a user of the Service and Joyn; and
“Related Persons” means any legal person’s shareholders, members, officers, employees, independent contractors, and Affiliates, and such Affiliates’ shareholders, members, officers, employees, and independent contractors.
b. In no event shall Joyn or its Related Persons or, if you are using the Service as a benefit of your employment, your employer and its Related Persons, be liable for any indirect, exemplary, incidental, punitive, or enhanced damages (including but not limited to any damages relating to loss of income, employment, or personal reputation, whether incurred directly or indirectly) resulting from any of the following, even if Joyn or your employer have been advised of the possibility of such damages:
Your access to, use of, or inability to access or use the Service;
The conduct of other members or third parties, whether on or off the Service;
Unauthorized access, use, or alteration of Your Content.
c. In the event that Joyn (or your employer) is found liable for any of the foregoing, in no event shall the aggregate liability of Joyn and its Related Persons (and if you are using the Service as a benefit of your employment, your employer and its Related Persons) to you for any and all claims arising out of or related to the Service or this Agreement exceed the amount paid, if any, by you to Joyn during the twenty-four (24) month immediately prior to the date on which you first file a lawsuit or commence arbitration related to any Claim. The foregoing damage limitations shall apply, (a) regardless of the grounds upon which liability is predicated (whether default, contract, tort, statute, or otherwise), (b) irrespective of the kind of breach of obligations, and (c) with respect to all events, the Service, this Agreement, and the relationship of the Parties.
d. The Limitations of Liability set forth in this Section 14 shall be binding on you to the fullest extent permitted by applicable law, and shall apply even if your remedies under this agreement fail with respect to their essential purpose.
e. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section 14 may not apply to you.
15. Dispute Resolution: Binding Arbitration.
Acknowledgment of Arbitration
You understand that this Agreement contains an agreement to arbitrate (“Arbitration Agreement”), and that unless you opt-out of the Arbitration Agreement as set forth below, you will not be able to bring a lawsuit concerning any dispute covered by the Arbitration Agreement unless it involves a question of constitutional or civil rights. Instead, you agree to submit any such dispute to an impartial arbitrator. Please carefully read the Arbitration Agreement below.
Notwithstanding the foregoing, you have the right to opt-out of the Arbitration Agreement by sending written notice of your decision to opt-out to: email@example.com, which notice must be received by Joyn within thirty (30) days after you first become a member. Your notice must include your name and address, your Joyn username (if you have one), the email address you used to set up your Joyn account (if you have one), and an unequivocal statement that you want to opt-out of the Arbitration Agreement. If you opt-out of this Arbitration Agreement, you will continue to be bound by all other sections of this Agreement. Opting out of the Arbitration Agreement has no effect on any arbitration agreement that you may enter into with us in the future.
a. This Arbitration Agreement applies to any dispute or controversy arising out of or related to this Agreement, your use of the Service, and/or any aspect of the relationship between you and Joyn (collectively “Claims”), provided, however, that it does not apply to questions of constitutional or civil rights. By entering into this Agreement, you agree that all Claims shall be resolved by binding arbitration before an impartial arbitrator, rather than in a court of law, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Joyn may seek equitable relief in a court of law for infringement or misappropriation of intellectual property.
b. To commence arbitration proceedings, you must send a letter requesting commencement of arbitration and describing your claim to our registered agent: Lawrence Stanley, firstname.lastname@example.org.
c. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be governed by JAMS, an alternative dispute resolution service. Disputes involving claims and counterclaims under $250,000 (exclusive of attorneys’ fees and interest) shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at: http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims will be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at: http://www.jamsadr.com/rules-comprehensive-arbitration. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the arbitration will be governed by the American Arbitration Association (“AAA”). If the arbitrator finds that you cannot afford to pay the filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS or AAA (as applicable), Joyn will pay them for you. In addition, Joyn will reimburse all such filing, administrative, hearing, and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
d. You may choose to have the arbitration conducted by telephone or an audiovisual platform such as Zoom or Meets, based on written submissions, or in person in the country where you live or at another mutually agreed location.
e. The arbitrator, not a court, shall have the exclusive authority to (1) determine the scope and enforceability of this Arbitration Agreement, and (2) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable.
f. The arbitrator shall also have the authority to grant motions that dispose of all or part of any claim, award monetary damages, and grant any non-monetary remedy or relief available to an individual, under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.
g. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Arbitration awards are only reviewed by courts in very limited circumstances.
h. By agreeing to arbitration, you and Joyn are each agreeing to waive our respective rights to a jury trial. Instead, you and Joyn are electing to submit all Claims to arbitration under this Arbitration Agreement.
i. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class or collective basis, and you give up your right to participate in a class action or any other class proceeding. Only individual relief is available. This means that: (1) Claims of one person cannot be arbitrated or consolidated with those of any other person; and (2) the arbitration proceeding shall not be consolidated with any other matter or joined with any other case or party. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from this Arbitration Agreement and brought in the state or federal courts located in Chittenden County, Vermont as provided in Section 16 below. All other claims are subject to arbitration.
j. If any part of this Arbitration Agreement is found under applicable law to be invalid or unenforceable, then such part shall be of no force and effect, shall be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement shall continue in full force and effect.
k. This Arbitration Agreement survives any termination of your account or relationship with Joyn.
16. Governing Law and Venue.
This Agreement and any dispute or controversy arising out of or related hereto and/or the relationship between the Joyn and you established herein (“Claims”) shall be governed by and construed and interpreted in accordance with the laws of the State of Vermont without regard to its choice of law provisions; provided, however, that any procedural or substantive Claim conflicting with or falling under the exclusive jurisdiction of United States federal law shall be governed by, and construed, interpreted and resolved in accordance with United States federal law without regard to its choice of law provisions.
All Claims (in the event you opt-out of arbitration as provided in Section 15 above), or any claim authorized to be brought in a court of law under Section 15.a above, or any claim that is determined by a competent authority not to be subject to arbitration under the Arbitration Agreement, shall be submitted exclusively to the federal and state courts of competent jurisdiction located in Chittenden County, Vermont, and you and Joyn hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and venue, and waive any objection they may now or hereafter have with respect thereto.
17. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Joyn and its Related Persons from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including reasonable attorney’s fees, court costs, and legal expenses, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
a. This Agreement is binding upon you and your executors, trustees, custodians, and heirs. This Agreement is binding upon and inures to the benefit of Joyn and its successors-in-interest.
b. If any provision of this Agreement shall be held void, voidable, invalid or inoperative, the remaining provisions of this Agreement shall remain in full force and effect.
c. This Agreement is the entire agreement between you and Joyn relating to the subject matter hereof and supersedes all prior versions and any prior or contemporaneous communications, proposals, or representations not expressly contained herein.
d. The section headings in this Agreement are solely for the convenience of the Parties and have no legal or contractual significance.
e. No agency, partnership, joint venture, fiduciary, or other special relationship is created as a result of this Agreement and you may not make any representation on behalf of or bind Joyn in any manner.
f. Neither the failure of Joyn to exercise any right nor Joyn’s waiver of any default or breach by you shall constitute a waiver of such right or a waiver of such default or breach with respect to any subsequent default or breach.