Terms and Policy
Terms & Policy
PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR APP.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
Personal Data Collected for the following purposes and using the following services:
Third-party Analytics Tool:
MixPanel Analytics for App: Only game playing duration and DAU data will be collected.
Young User Usage: The Application is solely directed toward users under the age of 13. It doesn’t require the child to disclose any more information than is reasonably necessary to participate in its activity.
Registration Information: No registration need in this APP.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in these User Terms as well as all other operating rules, policies and procedures that may be published from time to time on this web page, each of which is incorporated herein by reference and each of which may be updated from time to time without notice to you.
Payment Processing: The APP is a subscription application, even if such App was downloaded for free. Such in-app purchases may not require the re-entry of credit card information as such in-app purchases will be made through an existing account with a third party distributor (such as Apple or Google ). Please note that the App may only be available for certain operating systems (such as iOS or Android). The User may only download and use the App on a device running validly licensed copies of the operating systems on which the App were designed to operate. To be able to access and/or use the App, or any portion thereof, User must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense.
The App is available to you at no charge and others for a fee (whether by way of subscription), as described on our App detail page. If such requested fees are not paid, it may result in the user not being able to access parts of the APP thereof.
With respect to Apps that provide an option to pay periodic subscription fees: such payment will enable the User to receive access to the full version of the App (i.e., unlimited access to the full functionality of such App) and any related content updates. The User will be able to enjoy such full version of the App from any devices registered on his/her app store account, as long as his/her subscription is active. A user may cancel a subscription, however, the cancellation will not come into effect until the end of the applicable billing cycle. If the user ceases to pay the subscription fees, the user will return to the “free to play”/free trial mode, which is limited in the functionalities that are provided for free (if any). The duration, price and terms of payment of the subscriptions will appear in the applicable Apps detail pages.
Auto-renewal subscriptions: By signing up for a subscription, users agree that their subscription will be automatically renewed at the end of each paid subscription, unless they cancel it. The auto-renewal may be turned off by the user in his/her app store account settings following the first payment of the subscription fees. Deleting the App from the device does not necessarily result in cancellation of your subscription. For more information how to manage subscriptions please refer to Apple Support at: https://support.apple.com/en-us/HT202039. The download pages of auto-renewal subscription Apps will indicate the subscription’s duration, price and terms of payment. The following conditions apply with respect to auto-renewal subscription:
In the case of the AppStore, the Users will be asked to agree to the new price, otherwise the auto-renewal feature will be disabled.
In the case of Google Play, a notice will be sent to the User and the increase will apply to the next payment due from the User after the notice, provided that the User has been given at least 10 days’ prior notice before the charge is made. If the User is given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
Note: Users hereby acknowledge and agree that they may be charged for Internet and data usage charges made through use of the Apps according to the applicable rates charged by their respective third party internet and data usage service provider. We will not be liable for any Internet and data usage charges which users may be charged by their respective third party internet and data usage service providers.
Push Notifications: We may send notifications, messages and/or alerts known as pop-ups and push notifications, via various means of communication (through the App or otherwise). Users can deactivate the notifications at any time by changing the notification settings in accordance with the instructions of the operating system running on users’ device, changing the settings within the App, and/or by clicking the ‘unsubscribe’ option contained in the notification which was sent to our users.
Changes to the App: We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the App (or any part thereof) without notice, at any time. In addition, users hereby acknowledge that the Content provided under the App may be changed, extended in terms of content and form or removed at any time without any notice to users. Users agree that we shall not be liable to users or to any third party for any modification, suspension, or discontinuance of the App and/or the Content included therein. Users hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If we supply to users any updates, upgrades and any new versions of the App (“Updates”) according to our then current policies, it may include automatic updating or upgrading of the App with or without any additional notice, users consent thereto and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, the Company has no obligation to provide Updates.
By using the Joyland app, you agree that you shall defend, indemnify and hold the app, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the app.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY INCLUDING THE COVERED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP (INCLUDING ANY SERVICES MADE AVAILABLE THROUGH THE APP), YOUR USE OR INABILITY TO USE THE APP, OR FAILURE OF THE APP TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT OR THE USER GENERATED CONTENT, THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY OR ANY OF THE COVERED PARTIES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER REPAIR, REPLACEMENT OR A REFUND FOR THE APPS DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND REGARDLESS OF WHETHER ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES (INCLUDING BUT NOT LIMITED TO OTHER USERS TO WHICH YOU ARE EXPOSED THROUGH THE APP), THIRD PARTY SITES AND/OR THIRD PARTY CONTENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY, ITS VENDORS INCLUDING OUR AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THE APP, CONTENT OR USER GENERATED CONTENT AND YOUR USE OR INABILITY TO USE SAME SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE APP. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COVERED PARTIES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
This app does not guarantee continuous, uninterrupted access to the content. Although we attempt to maintain the integrity and accuracy of the information accessible through the app, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the app may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions or alterations could be made to the app by third parties without our knowledge.
WE DO NOT ENDORSE OR GUARANTEE, ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, PRODUCT OR OTHER ITEM OR SERVICE (I) PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY (INCLUDING WITHOUT LIMITATION ANY TECHNICAL FAILURES OR THE LACK OF AVAILABILITY OF ANY FEATURES AVAILABLE WITHIN OUR APP WHICH ARE NOT UNDER OUR CONTROL) AND/OR (II) THAT APPEAR IN ANY USER GENERATED CONTENT.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
THE DOWNLOAD AND USE OF THE APP, ANY IN-APP PURCHASES THROUGH OR IN CONNECTION WITH THE APP IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM.
YOU AGREE THAT USE OF THE APP, CONTENT AND/OR USER GENERATED CONTENT ARE ENTIRELY AT YOUR OWN RISK. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Platform Provider Additional Terms
The following applies to you if you downloaded the App from the Apple App Store (“iTunes-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the iTunes-Sourced Software on an iOS device that you own or control, as well as accessed and used by other accounts associated with you via Family Sharing or volume purchasing (as set forth in the Apple App store Terms of Service) (ii) these Terms are solely between you and Company, not Apple Inc. (“Apple”), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Company as provider of the App.
Company and you acknowledge that Company, and not Apple, is responsible for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. Without limiting other provisions hereof, you must comply with all applicable third party terms agreement when using the iTunes-Sourced Application.
Termination of the Agreement
If you wish to close your account, just delete the app from your devices. For more information how to manage subscriptions please refer to Apple Support at: https://support.apple.com/en-us/HT202039.
The app is entitled to terminate the Agreement embodied by these User Terms at any time and with immediate effect (including by disabling your use of the app). This app is not obliged to give notice of the termination of the Agreement in advance. After termination, your app will give notice thereof if required by these User Terms.
Invalidity of one or more provisions
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
License Grant, Restrictions and Copyright Policy
For the purpose of this User Term, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“Joyland Content” means Content owned or used by Joyland app, its affiliates or licensors and made available through the app, including any Content licensed from a third party, but excluding User Content.
“User Content” means Content that a Joyland app User posts, uploads, publishes, submits or transmits to or through the Joyland app.
“Collective Content” means, collectively, Joyland Application Content and User Content.
Subject to your compliance with these User Terms, we grants you a limited, non-exclusive, non-transferable license:
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Joyland application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Joyland application. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Joyland app or its licensors, except for the licenses and rights expressly granted in these User Terms.
Feedback; Idea Submissions
We are pleased to hear from you and welcome your feedback about the app. Please send it to (WeJoinApp@gmail.com) If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our website and mobile application at our sole discretion without any obligation to you.
Joyland app respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. All users of the Joyland app represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account. If you believe any material via the Joyland app constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that Joyland app is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by e-mail or regular mail, setting forth the following:
Intellectual Property Rights
Joyland app owns all right, title and interest, including all related intellectual property rights, in and to Joyland app and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Joyland app, excluding User Content.
All third-party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Joyland Service are the property of the respective third parties, including the respective Content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Joyland to enforce any of your rights in relation thereto. Except as expressly set forth in these User Terms or otherwise expressly granted to you in writing by Joyland, no rights (either by implication, estoppel or otherwise) in or to the app or its contents are granted to you.
Resolution of Disputes – Mandatory Arbitration and Class Action Waiver
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with Joyland app, any services offered via the app. Please read this section carefully. Our Customer Service Department, which you can reach at WeJoinApp@gmail. an help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Avocado Mobile Inc.
Irvine, CA 92620
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the app, any transaction or relationship between us resulting from your use of the app or this Agreement – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here https://www.adr.org/aaa/ShowPDF?doc=ADRSTAGE2026862. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here file:///C:/Users/Admin1901/Downloads/Consumer_Demand_for_Arbitration_Form.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here http://www.lacourt.org/division/smallclaims/smallclaims.aspx] However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules.
Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Notice for Users in California
This notice is for users of the Joyland app residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
You may not assign these User Terms without the prior written approval of Joyland app. Any purported assignment in violation of this section shall be void. Joyland app reserves the right to use third party providers in the provision of the app. In the event of any litigation of any controversy or dispute arising out of or in connection with these User Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by our Joyland app.
We appreciate your business and thank you for using Joyland app. If you have any questions about this Agreement or our site in general, please contact us at [WeJoinApp@gmail.com], Notices or correspondence to Joyland app may be sent to:
Irvine, CA 92618