(Last Update: Mar. 25, 2018)
The App provides its users with access to a social network of users with similar interests. Your use of the App is expressly conditioned on your acceptance of the following terms and conditions. Except as specified in our Terms and Conditions, you also agree to resolve any disputes you may have with us through arbitration, and you are waiving your right to seek relief from a judge or jury in a court of law, except as otherwise provided for in the Terms and Conditions. Claims can only be brought individually, and not as part of a class action. If you do not agree with any part of the following terms and conditions, you must not use the App. In order to use this App, you must be at least 18 years of age, or applicable age of consent. A breach of any term in this Agreement is the sole determination of Pureline 151 Ltd. and will result in termination of your account and up to and including civil liability.
The activities (the “Activities”) in this Terms and Conditions shall include, but not limited to, activities, events, experiences, services, games, meetings, network, and functions that allow a person to have direct or indirect interactions or communications with another person.
We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our App. By continuing to use the App after any changes come into effect, you agree to the revised Agreement.
- ACCOUNT AND MEMBERSHIP
- Eligibility. Our App is available to anyone who is at least 18 years old. You represent that you are at least 18 years old.
- App Uses. Users of the App will be able to: host activities, join activities, search for activities, favourite activities, share activities using other platforms, see past and current hosted and joined activities, edit and view own profile, see other users’ profiles, see other users’ joined and hosted activities, use messaging services to other users, receive payment or pay for activities through our third party payment processor, become friends with other users, and more.
- False Accounts. Users are prohibited from creating false accounts which are intended for use other than the primary purposes expressed or implied by Pureline 151 Ltd. We reserve the right to terminate any account that is deemed false or improper. We further reserve the right to terminate all other accounts used or registered by the offending party. This determination is made in Pureline 151 Ltd.’s sole and exclusive determination.
- Suspension of Your Account. We may modify, suspend or terminate your account or access to the App if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Company, the other users of the App, or to protect our brand or App. We reserve the right to remove accounts of users who are inactive for an extended period of time. Additionally, we reserve the right to remove and discard any content within the App, for any reason. We reserve the right to remove or modify any activities within the App, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
We reserve the right to terminate your access to the Application for any reason or no reason. If we terminate your Account for breaching this Agreement, you will not be entitled to any refund of any unused fees. We reserve the right to use credit card processors or banks inside or outside the United States, Hong Kong or other countries to process your transactions. In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.
In case of any violation of legal acts, committed during the process of payments concerning services of the Application, the User will be immediately restricted from using the Application and all relevant useful data about User’s personal identification information will be shared with legal authorities in cooperation for investigation.
- Account Information and Security. When you register, you provide us with some basic information: birth date, age, name, hometown, current location, interests, quotes, biography, gender, occupation, languages, moods, relationship status, social media accounts and website, an email address and a password. Any personal information filled by you will be deemed accurate. Keep your email address and other account information current and accurate. In addition, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately. Pureline 151 Limited is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
- Third-Party Account Use. You can also sign-up to the Application by logging into your account with certain third party social networking sites (“SNS”) (including but not limited to Facebook, each such account, a “Third-Party Account”), via our Application, as described below. As part of the functionality of the Application and Services you may link your Joinful account with Third-Party Accounts, by either (i) providing your Third-Party Account login information to Pureline 151 Limited through the Application or Services, or (ii) allowing Pureline 151 Limited to access your Third-Party Account as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to Pureline 151 Limited and/or grant Pureline 151 Limited access to your Third-Party Account (including but not limited to for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of each Third-Party Account and without obligating Pureline 151 Limited to pay any fees or making Pureline 151 Limited subject to any usage limitations imposed by such third-party service providers. By granting Pureline 151 Limited access to any Third-Party Accounts, you understand that Pureline 151 Limited will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Joinful Account and Joinful Account profile page.
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Joinful Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Joinful’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Pureline 151 Limited makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Pureline 151 Limited is not responsible for any SNS Content.
- FEES, PAYMENTS, AND OFFERS
- Fees Charged by Joinful. Use of some of the features on our App are free, but hosts of activities may charge a fee for their activities. We may in the future implement a new fee, or modify an existing fee for current or future features of our App. If we implement a new or modified fee, we will give you advanced notice such as by posting changes on our App or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. All fees are exclusive of applicable federal, state, local, or other taxes and other miscellaneous charges.
- Pricing. Before setting the Activity Fee, the Host must evaluate the fees and any local taxes applied for providing Joinful activities. The Activity Fee has to include any such fees and taxes that the host determines that he/she has to collect. As a Host you understand and agree that 100% of the amount paid for the Joinful activity will be considered as your personal income and taxes will be accounted for the entire initial amount. Joinful charges a 10% commission for our revenue from hosts for any paid activities, pre-tax or before any deductions.
- Fees Charged by Hosts. Hosts may impose fees related to particular portions of the App, such as activity fee. The decision to charge fees and the amount of those fees is at the discretion of those hosts. We reserve the right to initiate refunds of fees paid to hosts, when appropriate. Refunds that we initiate, if any, will be governed by our payment policies. Payments are only permitted to be made to hosts via the App. The Company may, in its discretion, designate a third-party payment service provider. If a user pays a fee to a host via the App, the user authorizes the host (and the host’s applicable payment service provider) to charge the designated payment method for the total amount of the fees, including any applicable taxes and other charges. Users, hosts and joiners are strictly prohibited from soliciting or processing any payments outside of the App. If any host or other user receives payments from outside the App, we require said host or user to report this payment to Joinful immediately.
- Payments to Joinful. Payments to Joinful are required to be made to via the App. The Company may, in its discretion, designate a third-party payment service provider at the time of payment, a credit card or Apple Pay of the user, who made the reservation, is debited the full amount of the Joinful Activity Fee. Pureline 151 Limited has the right to withhold payouts in case of suspected fraud or for any disputes or claims in regards to the hosted activity until the matter has been fully resolved. Pureline 151 Limited reserves the final say as to the decision of any claims, disputes, or controversies that may or may not affect the hosts’ payout.
- Third Party Payment Processors. A host that uses the App to accept payments from other users must comply with the terms and conditions of the applicable payment service that is required to be used by all hosts. Joinful does not provide those payment services, is not a party to your agreement with the applicable third-party provider, and will not be liable or responsible for your use of those third-party payment services.
- Third Party Transactions. Joinful users may receive offers from third parties, such as discounts, sponsorships, or other benefits. Joinful is not involved in any dealings or payments between you and third parties, and these Terms and Conditions do not govern such transactions.
- Refund Policy for Users. If you pay to join an activity on Joinful you will be subject to our refund policy. This policy states that User is entitled to:
- No refund if you unjoin an activity within 24 hours of the activity’s start time.
- 50% of the paid fees if you unjoin an activity more than or equal to 24 hours but less than or equal to 48 hours of activity’s start time.
- 100% of paid fees if you unjoin an activity more than 48 hours of activity’s start time.
- 100% of paid fees if the Host calls off the activity or in case a Host fails to arrive for the activity.
As a user, you have 48 hours after the end of Activity to initiate a dispute. Any refunds will be made by us within a commercially reasonable time of the cancellation or request for refund. Should there be any disputes, Pureline 151 Ltd. reserves the final decision as to whether the user deserves a refund.
- Host Deposits. The app requires hosts who host activities that charge a fee to pay a deposit first. The deposit will be lost for reasons including, but not limited to, the following: Failure to show up to an activity, Cancelling off an activity within 48 hours of the start time and date of the activity, Failing to properly execute what was mentioned in the activity description, Failing to properly ensure the safety and wellbeing of all participants in the activity, Failing to successfully challenge against any disputes or claims brought by participants in the activity or any Joinful user or any third party affected by the activity or by the host, inappropriate behavior by the host during the activity or within the app, illegal actions by the host during the activity or within the app, demonstrating threats or discrimination prior to, during, or after an activity, and hosting activities that do not fall within our hosting guidelines. Should there be a dispute as to the loss of the deposit, Pureline 151 Limited reserves the final decision as to whether the host deserves to retain the deposit or whether the host is suitable to continue being a host. If a Host cancels an activity within or equal to 48 hours of the activity’s start time, the Host will lose their deposit with Joinful.
- YOUR CONTENT AND PRIVACY
- Your Content. You are solely responsible for your Content. We use the word “Content” to mean any information, material, or other content posted to our App or otherwise provide to us (such as feedback, comments, or suggestions shared with us); including but not limited to, text, graphics, images, music, software, audio, video, information or other materials. You agree that you and your Content shall not violate the rights of any third party (such as, but not limited to, copyrights, trademarks, contract rights, privacy rights, or publicity rights). You are solely responsible for your Content that you upload, post, publish, or display or email or otherwise use via the Services; and you are responsible for any actions that take place while using your Joinful account. You may not falsely represent, expressly or implied, that any of your Content is sponsored or endorsed by Pureline 151 Ltd.
- Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Joinful and our App, and to ensure we do not violate any rights you may have in your Content, you hereby grant Pureline 151 Ltd. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. We reserve the right to publish, reproduce or remove any Content provided by you to the App.
- Profiles are public to people, but we have privacy controls for you to decide who to show your profile to. That said, our app may experience bugs or faults that may or may not be out of our control and that your profile, while having privacy controls, may still have exposure to public.
- Monitoring of User Content. While we do not have the obligation to monitor; we reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If Pureline 151 Limited chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.
- You are solely responsible for any Posted information that you submit, publish or display on the App or transmit to other users and/or other users of the App. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- YOUR USE OF OUR APP
- Our Policies, Guidelines and Applicable Laws. When you use our App, we require that you follow the terms of this Agreement and any other governing documents published relating to use of the App. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. The Services provided and any activities that result from the use of the App must comply with all local and international legal regulations. If you do not comply, we may modify, suspend or terminate your account or access to the App, in our sole discretion.
- Content of Others. Pureline 151 Ltd. does not control or is responsible for the Content of other users. When we become aware of inappropriate Content on our App, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other users. Pureline 151 Limited is in no way responsible for the content of activities uploaded onto the Site or Application or Services and in no way endorses nor is affiliated with these activities.
- Interactions with Others. Pureline 151 Ltd. is not a party to any offline arrangements made through our App. Pureline 151 Ltd. does not conduct or require background checks on users, and does not attempt to verify the truth or accuracy of statements made by users. Pureline 151 Ltd. makes no representations or warranties concerning the conduct or Content of any users or their interactions with you.
- Users of the App are expected to act responsibly when posting information to the App. If a User provides feedback to another party, Joinful expects that User to give clear, honest information about the other party and their experiences. Users are prohibited from using inappropriate language and making gratuitous personal criticisms or comments.
- Third Party Links. The Site and Application may contain links to other websites, which are completely independent of Pureline 151 Ltd. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked Site. You agree not to use the Site and Application to make available any Content that is illegal, offensive, harmful, threatening, abusive, harassing, defamatory, hateful, vulgar, obscene, invasive of another’s privacy, or racially, ethnically or otherwise objectionable; or any Content that violates the intellectual property or other rights of third parties, or any Content that threatens the safety of others. You understand and agree that Pureline 151 Limited may review and delete any Content that in its sole judgment violates this Agreement.
You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service provider).
- User Interaction and Conduct. You are solely responsible for your interactions with other Users, whether online, in person, or through other offline channels. Pureline 151 Limited assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users, and conduct any necessary investigation before meeting another person. Pureline 151 Limited is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.
For communications about activities, all Users will be offered a private group messaging facility. Such facility must be used in a professional, courteous manner and only in relation to Joinful. We reserve the right to monitor and suspend any User accounts we suspect of abusing the private group messaging facility.
If you bypass the Joinful platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to execute transactions outside of the Application can also be a reason for limiting, suspending, or removing you from using our services. If necessary, your internal communication on Joinful can be reviewed by Pureline 151 Ltd. staff. This is to provide you a better support should a conflict arise that requires escalation between you and another user.
You agree not to use the Services (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Joinful, (iii) to advertise sexual services, (iv) and to advertise or promote any illegal product or service.
When using the Application and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorized access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by Pureline 151 Ltd.
- Joining Activities. If you are a user and you wish to join activities, you may do so through the Application. In case information provided in a Profile of a particular host or information provided in an Activity is not sufficient for you to decide on the Activity, or you have any special requests relating to the Activity, you will be able to discuss this with the host via private group messaging facility after joining an activity. The Activities’ Fee payable in connection with Joinful will be displayed to you before sending a confirmation request to a Host.
- Hosting. On Joinful, a ‘host’ encompasses anyone who has agreed and confirmed to be a host on our platform. Therefore, anyone can technically be a host, provided that they agree and comply with the local and international legal regulations, and maintain an effort to ensure that users who join their activities, as well as anyone or anything that is involved during the activity, remains safe and comply to their best of their abilities to what’s mentioned in the activity details to carry out such services. That said, some activities may require specific licenses obtained by an appropriate authority before they can be conducted; Pureline 151 Ltd. assumes no responsibility should the host fail to obtain such licenses prior to and during conducting such activities.
- Hosting Activity Guidelines. With the exception of the following activities, all other activities can be hosted: Illegal activities as according to local and/or international regulations if applicable, any sort of activity promoting or encouraging violence or torture or sexual or hatred or harassing or abusive or discrimination or threats, any activity that poses significant safety concerns for participants including the host or any fictitious activities or activities that are created without the purpose of actually carrying them out. Hosts have the responsibility to publish enough information so that participants understand the basics of the activity. Should there be any disputes as to whether an activity has violated the hosting guidelines, Pureline 151 Limited reserves the right to have the final decision. Violation of such guidelines may lead to the host a) suspended or terminated from future hosting activities, b) suspended or terminated from usage of the app, and c) may result in appropriate legal actions taken against the host if necessary.
- Hosts are required to make a one-time deposit before hosting any activities that require payment from other users. The deposit is the amount hosts have to pay first prior to posting an activity that requires payment by other users. Hosts will forfeit the deposit if they cancel an activity within or equal to 48 hours, fail to show up to the activity, fail to properly execute the activity as described, or violate any hosting agreements as specified in these Terms and Conditions, or they can decide to get the deposit back by hitting the refund button in our app. Besides deposit, hosts will also require to input their contact number in case we need to contact them for any security, legal purposes etc. The contact number will be verified by a verification code sent to them through SMS.
- You understand and agree that a host may not be an individual involved in professional activities’ operations. A host is not always a licensed and/or qualified guide. As a host, users will be able to join activities via the Application and Services based upon the information provided in your activities. Users will also be able to provide feedback on your activity and rate you as a host. All feedback and ratings are automatically published publicly on your profile and on activity details and anywhere else on the app, however we will monitor all feedback obtained from users and manage feedback if necessary. We cannot; however, be held liable for any derogatory or negative feedback received from users. If you are a user, you represent and warrant that your Profile and joined activities (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.
- Hosts may publish content on Activity Details and Disclaimers for each hosted activity. Please read them carefully. The hosts may make recommendations or suggestions as to who is and who isn’t suitable for the hosted activity. Please remember that the activity details and disclaimers by hosts are not legally binding.
- Hosts will receive payment around 7 to 9 business days starting on the day after 48 hours has gone by without complaints or disputes after the end of an activity. The amount the host will receive will be deducted by, but not limited to, transaction fees, currency conversion rates, currency conversion fees, commissions, taxes, bank transfers, foreign bank transfers, refunds, insufficient deposits, and so forth.
- Sole Discretion of Hosts. All agreements made about activity details as well as payments are solely up to the host.
- Prohibition of Legal Entities. Law firms or legal entities cannot register and provide Joinful services as Hosts on the Joinful platform.
- No Resale. Our App contains proprietary and confidential information and is protected by intellectual property laws. Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our App, including any data, or Content of others.
- No Technical Interference with the App. You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the App or any hardware used in connection with the App.
- App Modifications. We work hard to continuously improve our App. This means that we may add, modify or discontinue portions or all of our App with or without notice and without liability to you or any third party.
- Third Party Sites and Services. The App contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We do not control these third parties and are not responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
- Role and responsibilities of Pureline 151 Limited. Pureline 151 Limited has no control over how other users may use information that you provide to them, so you should exercise common sense and good judgment when sharing information with others on our Platform. We are not a tour operator nor a travel agent nor an activity or services operator. Pureline 151 Limited does not provide the activities or any other travel or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections between the users and hosts in arranging for the activities and (ii) processing payment transactions between the users and hosts, when the former book the activities. With reference to above, you understand and agree that Pureline 151 Limited is not a party to any agreement between the hosts and users in relation to the activities.
- Legal Compliance. Users and Hosts are required to comply with all local and international laws, regulations or codes. This requirement extends to the jurisdiction of other users not under the control of the Hosts or Users. Parties are expected to conduct themselves in compliance with all local and international laws regardless of their location or the location of the hosted activity. Compliance with this Section will be in the sole and exclusive determination of Pureline 151 Limited.
- ELECTRONIC COMMUNICATIONS
The App and Services may provide you with the ability to send or post, and receive messages to chatrooms, inbox messaging, or send and receive similar messages and communications to third party service providers, your personal contacts, other users and/or Pureline 151 Ltd. You agree to use communication methods available on the App only to send communications and materials related to the subject matter for which Joinful provided the communication method, and you further agree that all such communications by you shall be deemed your content and shall be subject to and governed by the terms. By using communications methods available on the site, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not endorsed, sponsored or approved by Pureline 151 Limited (unless expressly stated otherwise by Pureline 151 Limited) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Pureline 151 Limited in any manner, though Pureline 151 Limited reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “Pureline 151 Ltd. Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other users, or in connection with a Joinful activity. You also agree to release hosts from Claims based on an host’s negligence arising out of or in any way connected with their Content or a Joinful activity. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under the laws of Hong Kong or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
You agree to indemnify, defend and hold all Pureline 151 Ltd. Parties harmless from any and all Claims, losses, liabilities, expenses, damages, and costs, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our App, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Joinful activity that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Pureline 151 Ltd. Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
- DISCLAIMER AND LIMITATION OF LIABILITY
THE INFORMATION ON THIS APP IS PROVIDED ON AN “AS IS” BASIS WITH NO PROMISES, REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMITTED BY LAW, PURELINE 151 LTD. EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THIS APP AND ITS CONTENTS OR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THIS APP AND/OR OTHER JOINFUL PUBLIC INFORMATION. FURTHERMORE, PURELINE 151 LTD. MAKES NO GUARANTEES AS TO THE APP’S SECURITY, LACK OF INTERRUPTION OF SERVICE, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OR ERRORS THEREIN.
YOU ACKNOWLEDGE AND AGREE EXPRESSLY AND IMPLIEDLY, WITH EXTENT PERMITTED BY LAW, THAT PURELINE 151 LTD. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INTANGIBLE DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE APP. FURTHERMORE, THE EXTENT PERMITTED BY LAW, PURELINE 151 LIMITED SHALL NOT BE HELD LIABLE FOR LOSS OR DAMAGE TO GOODWILL, LOSS OR DAMAGE TO PROPERTY AND/OR LOSS FROM CLAIMS OF THIRD PARTIES, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PERSONAL INJURY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ITS APP, ITS SERVICES OR THIS AGREEMENT. MOREOVER, PURELINE 151 LIMITED SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ITS APP, ITS SERVICES, OR THIS AGREEMENT OR THE INABILITY TO USE OUR PLATFORM (HOWEVER ARISING, INCLUDING OUR NEGLIGENCE), OR STATEMENTS OR CONDUCT OF OR TRANSACTIONS WITH ANY USER OR THIRD PARTY ON THE PLATFORM, OR FROM YOUR USE OF OUR PLATFORM OR TRANSPORTATION TO OR FROM JOINFUL ACTIVITIES, ATTENDANCE AT JOINFUL ACTIVITIES, PARTICIPATION IN OR EXCLUSION FROM JOINFUL ACTIVITIES AND THE ACTIONS OF YOU OR OTHERS AT JOINFUL ACTIVITIES, OR ANY OTHER MATTER RELATING TO THE PLATFORM.YOU AGREE TO INDEMNIFY AND HOLD PURELINE 151 LTD., SUBSIDIARIES, AFFILIATES (AS APPLICABLE), AS WELL AS PURELINE 151 LTD.’S PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY RELATED TO YOUR BREACH OF THIS AGREEMENT AND INCORPORATED DOCUMENTS OR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
YOU ACKNOWLEDGE AND AFFIRM THAT PURELINE 151 LTD. DOES NOT AND DID NOT WARRANT THAT THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE. FURTHERMORE, IT DOES NOT WARRANT THAT THE QUALITY OR LEGAL SUFFICIENCY OF ANY INFORMATION OR REPRESENTATION OBTAINED BY YOU THROUGH THE APP, OR THAT ANY ERRORS IN THE APP WILL BE CORRECTED. PURELINE 151 LTD. DOES NOT REPRESENT OR WARRANTY THE MARKETABILITY OF ANY INTEREST POSTED ON ITS APP. ALL RISKS AND LIABILITY REMAIN WITH USERS AS APPLICABLE LAW DICTATES. THIS APP IS MERELY A PLATFORM FOR NETWORKING, SHARING OF INFORMATION, AND HOSTING AND JOINING ACTIVITIES BETWEEN USERS AND NOT A DIRECT MARKET SITE. YOUR USE OF THE SITE, APPLICATION AND SERVICES IS WITHOUT ANY WARRANTY OR GUARANTEE AND IS ENTIRELY AT YOUR OWN RISK.
FURTHERMORE, PURELINE 151 LIMITED DOES NOT ACCEPT ANY LIABILITY FOR ANY DELAYS, FAILURES, ERRORS, OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, VIRUSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROPERTIES TRANSMITTED TO YOU OR YOUR COMPUTER SYSTEM VIA THE SITE AND APPLICATION.
PURELINE 151 LTD. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INTANGIBLE DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURED SERVERS, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR APPLICATION; ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR APPLICATION BY ANY THIRD PARTY; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JOINFUL SITE OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
- DISPUTE RESOLUTION
- Informal Resolution. Before making any claim, you and Pureline 151 Ltd. agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in Joinful activities. You or Pureline 151 Ltd. may initiate this process by sending written notice describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days of receipt of the initial notice, you or Pureline 151 Ltd. may bring a claim in accordance with this Section 9.
- Agreement to Arbitrate. By using this App you agree and acknowledge that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the ability to arbitrate the controversy, dispute, demand, count, claim, or cause of action) between you and Company and our employees, agents, successors, or assigns, regarding or relating to the App or these Terms shall exclusively be settled through binding and confidential arbitration. You hereby waive any right to bring your claims in court and elect arbitration as your sole remedial course of action. All decisions reached by an arbitrator are legally binding.
- Arbitration Time for Filing. Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
- Choice of Arbitration. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. The arbitration company shall be chosen by Pureline 151 Ltd. The parties shall confer to pick an individual arbitrator.
- Choice of Law. Any and all controversies, disputes, demands, counts, claims, or causes of action between you and Company and our employees, agents, successors, or assigns, regarding or relating to these Terms or the App shall exclusively be governed by the internal laws of Hong Kong in which our principal place of business is located, without regard to its choice of law rules and without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
- Class Action Waiver. You agree to resolve disputes with Pureline 151 Ltd. on an individual basis. You agree not to bring a claim as a plaintiff or a class user in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
- Survival. The terms of this provision shall survive the termination of this Agreement.
- INTELLECTUAL PROPERTY
The Joinful Application and Site and its Content are protected by Intellectual Property rights and laws. Portions of the Site and Application Content may be made available to Pureline 151 Limited through arrangements with third parties. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Site, Application and the Content, software, materials, or the Services in whole or in part. You shall only download or copy the Content (and other items displayed on the Application, this Site or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from Pureline 151 Limited or from the copyright holder identified in such Contents copyright notice.
Pureline 151 Ltd. supports the protection of intellectual property and asks the users of the App to do the same. All users are prohibited from using any intellectual property (trademark, copyright, etc.) with the express written consent of the owner of said property. It is the policy of Pureline 151 Ltd. to respond to all notices of alleged copyright infringement. It is our policy, in appropriate circumstances and in our sole discretion, to disable and/or terminate the accounts of users who are proven to infringe upon the copyrights or other intellectual property rights of the Company or any third party in accordance with the Intellectual Property Protection rights and laws.
All Intellectual Property to the Content (except for the User Content) featured or displayed on the Site or Application or via the Services, is the property of Pureline 151 Limited and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Services.
Any redistribution, reproduction, distribution or commercial exploitation of part or all of the contents in any form, transmitting or storing Joinful Site or Application Content in any other Site or Application or other form of electronic retrieval system, are strictly prohibited. The Joinful Site and Application Content shall be used only for purposes that are permitted by this Terms and Conditions and any applicable laws and regulations, foreign and domestic.
We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others.
Pureline 151 Limited and Joinful trademarks, logos, service marks, and service names are the intellectual property of Pureline 151 Limited. As otherwise permitted by law, you agree not to use our intellectual property without our prior written consent.
- INTELLECTUAL PROPERTY INFRINGEMENT TAKE DOWN PROCEDURE
Notification of Infringement
Notice is specifically given that Pureline 151 Ltd. is not responsible for the content placed on its website or application by parties other than Pureline 151 Ltd. employees or agents. Pureline 151 Ltd. endeavors to prevent the placement of illegal or infringing property on its App, Site, and Services, but cannot prevent all occasions of said placement. Pureline 151 Ltd. appreciates the help of its users in identifying any illegal or infringing property. We request that you provide us with notifications of any infringement of which you have knowledge. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be published publicly on Joinful.
The claim of infringement must be submitted as a written or emailed notification to:
Subject line: “Intellectual Property Infringement Procedure”
Alleged parties to the infringement will be provided with an opportunity to provide Counter-notification. To be effective, a Counter-Notification must be a written communication by the alleged infringer provided to Pureline 151 Ltd. (as set forth above). Upon receipt of a Counter Notification:
- Pureline 151 Ltd. shall promptly provide the Complaining Party with a copy of the Counter-Notification;
- Pureline 151 Ltd. shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Pureline 151 Ltd. shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Pureline 151 Ltd. has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain User from engaging in infringing activity relating to the material on Joinful’s App.
Repeated Violations of this Policy
Pureline 151 Ltd. will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat violators of this policy.
- CHOICE OF LAW AND FORUM
Any action related to the Terms, Content, the Services, and your relationship with the Pureline 151 Ltd. shall be governed by, and construed and interpreted in accordance with, the laws of Hong Kong without regard to its conflict of laws principles. Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the local courts of Hong Kong, and you consent to the exclusive jurisdiction of Hong Kong and its courts, tribunals and laws. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the services or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.
- Changes. We reserve the right to change this Agreement and the App and its Services at any time at any time at its sole discretion with or without notice. You are responsible for regularly reviewing these terms and conditions and your use of the App following any such change constitute your acceptance of such changes. Modifications to the Terms will be posted on the Site or via the Application and shall become effective immediately upon posting. By continuing to use the Site, Application or Services following any such modification you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
We reserve the right to change or discontinue, temporarily or permanently, this Agreement and the App at any time or any part thereof at its sole discretion with or without notice. You agree that Pureline 151 Limited will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You are responsible for regularly reviewing these terms and conditions and your use of the App following any such change constitute your acceptance of such changes.
- Entirety. This Agreement represents the entire agreement between the App and Company and you, and supersedes any and all preceding and contemporaneous agreements between the parties. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision in this agreement will be effective only if in writing and signed by a duly authorized representative of the Company.
- Words denoting the singular number only shall include the plural and vice versa. Words denoting any gender shall denote all genders and words denoting persons shall include firms and corporations and vice versa. Unless the context otherwise requires reference to any clause, sub-clause or schedule is to a clause, sub-clause or schedule (as the case may be) of or to this Agreement. The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
- Force Majeure. Neither party will be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its control, including and without limitation: strikes, lockouts, or other industrial disturbances; civil disturbances; fires; acts of God; acts of a public enemy; compliance with any regulations, order, or requirement of any governmental body or agency; or inability to obtain transportation or necessary materials in the open market. Should such events occur during the activity, users are refunded the whole or a portion of the paid amount, if any, if we receive a written notification within 48 hours after the activity end time.
- Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair: a) the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement or; b) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
- No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Pureline 151 Ltd. is intended or created by this Agreement. A user of the Joinful platform is not Pureline 151 Ltd.’s representative or agent, and may not enter into an agreement on Pureline 151 Ltd.’s behalf.
- This Agreement is not assignable, transferable or sublicensable by you except with Pureline 151 Ltd.’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Pureline 151 Ltd.’s assets, or similar transaction.
- No Waiver. A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
- Termination. If we terminate your account or access to our Platform, this Agreement terminates with respect to the user account that has been terminated. However, certain provisions of this Agreement that by their nature survive termination shall survive termination, including those terms listed below in Survival.
- Survival. Sections 6,7,8,9,10.11,12 and 13 of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.
- Violations. Please report any violations of this Agreement by a user or third party by sending an email to firstname.lastname@example.org
- Severability. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability for any other remaining provisions.