Welcome to Lottery Box!
The Company provides the Website and App to End-Users internationally, where permissible by local law. The Company offers transition services from time to time at its sole discretion to End-Users, upon request, for migrating onto the App. Fees for transitions services are set on a case-by-case basis with the End-User’s prior consent. The Company may also offer setup and project management services from time to time at its sole discretion, upon request and priced on a case-by-case basis with the End-User’s prior consent. The availability of our App in a given area is subject to change from time to time at our sole discretion. If you are accessing our Website or App from a jurisdiction outside Canada, you hereby acknowledge agree that your use of the Website or App shall, to the greatest extent permitted by applicable law, remain at all times subject only to the laws of Ontario and Canada. To the extent permitted by applicable law, we reserve the right to deny or terminate service to any End-User at our discretion.
The Company makes every effort to ensure materials on the Website and App are displayed accurately with the same colours and images across different computers and devices. However, The Company cannot guarantee that your computer or device will accurately or consistently display image colours and sizing.
Lottery Box offers a dynamic, decentralized web 3.0 social media platform built on blockchain technology. Our goal is to provide a user-governed platform where the benefits of using the platform are enjoyed by the users themselves. Our App users retain control over their data on the App, and can use the App to connect, share, and interact with other App users. Through the App, you can participate in airdrops and the custodianship of our custom $LOTX Tokens (as defined herein) safely, knowing that all users are verified through a proprietary 3D liveness verification and authentication technology. We are committed to creating a social media platform free of bots and automated accounts; on the Lottery Box App, we aim to ensure that all our users are real people.
If you wish to use the App, you must first sign up for a user account on the App (an “Account”). End-Users can sign up by providing their desired username, password and email address (the “Credentials”). In addition, in order to create an Account, End-Users must provide a scan of their face (the “Face ID”) to verify yourself as a genuine human user through a proprietary 3D liveness verification and authentication technology. Your Face ID must be a clear and well-lit image, with no use of filters, modifiers, or other photo editing of any kind. Your Face ID must show your full face, and you must not appear masked, hooded, or otherwise covered in the Face ID. Your Face ID will only ever be used to verify you while using the App and for no other purposes. The Company will not view or use your Face ID under any circumstances except where strictly required to ensure your access to and use of the App or as required by law.
Within an Account, End-Users can:
Create a dedicated profile;
Connect with other End-Users on the App (the “App Community”);
Participate in the App’s governance functions and voting system;
Post content in the form of audio, video, and photos, and view content posted by other App users (“App Content”);
Interact with App Content; and
Earn $LOTX Tokens (as defined herein) during airdrops and as a reward for interacting with and posting App Content;
Transfer and receive $LOTX tokens;
Vote on certain matters relating to the governance of the App Community;
Elect End-Users as custodians (“App Custodians”) to manage the $LOTX Token treasury; and
Access other functionalities developed and released by the Company from time to time.
The End-User acknowledges and agrees that they will (1) provide true, accurate, current and complete information about yourself as prompted by the Website and App when creating an Account (the “Registration Data”); (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) enter valid payment information. Upon entering their Registration Data, End-Users will be able to access a user account on the Website (the “Account”) through which the User can interact with the Company Website and/or App. Users may only create one Account per individual. You must at all times provide accurate and truthful information regarding your identity when creating an Account and may not create an Account for another individual without their explicit written permission. The Company reserves the right to suspend or cancel an Account or cancel the Services at its sole discretion at any time and for any reason upon notice to you.
You are responsible for updating your Account access passwords regularly. It is strongly recommended that passwords or login information or any other confidential information not be shared by email unless encrypted.
End-Users are responsible to ensure that all user-generated content (“User Content”) complies with our Site Content Standards detailed herein. User Content will be stored using our secure Amazon Web Service cloud server for all active Accounts but may be deleted upon the cancellation of your Account. User Content will never be shared or utilized by the Company other than as necessary for the provision of the App. User Accounts may be accessed via third party web browser access at www.lotterybox.com.
The Website and App are available to all End-Users free of charge. Premium Services may be available from time to time through the Website and/or App which grant additional functionalities and/or options to paying End-Users (“Premium Services”). Pricing for Premium Services will be listed on the Website and/or App and is subject to change at any time at the Company’s sole discretion. The Company may, from time to time in its sole discretion, offer End-Users the ability to purchase certain Premium Services using their $LOTX Tokens. The pricing, in $LOTX Tokens, and all other information regarding such Premium Services, will be listed on the Website and/or App and is subject ot change at any time at the Company’s sole discretion. The availability of, and all other parameters for, the Premium Services shall be determined at the Company’s sole discretion.
Fees for Premium Services (the “Fees”) are due at the time of purchase. Purchases can be completed through the App, within End-User’s Account. The End-User is responsible for all sales taxes associated with the Fees. The End-User is responsible for filing mandated returns and reports and for remitting all taxes to the appropriate taxing authorities within the time required by law.
The Company accepts no liability to complete any transaction which cannot be cleared by the Company’s payment processor, whether due to insufficient funds or otherwise. If such situation occurs, you will receive an error message and the transaction will be denied. Moreover, we may suspend your access to End-User’s Account and contact you to provide valid alternative credit card information. Such suspension shall not relieve End-User from their obligation to pay any fees owed to the Company.
End-Users shall make all payments in accordance with the fees, charges, and billing terms in effect at the time Fees are due and payable. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website, updating the App or by email delivery to the End-User.
The Company offers End-Users the opportunity to participate in our rewards program for interacting with the App and User Content therein. The Company has minted the $LOTX Token on the Binance Smart Blockchain as a BEP-20 token with a maximum supply of 1,000 trillion (the “$LOTX Token”). End-Users can earn $LOTX Tokens for visiting the App, liking and commenting on User Content, sharing and posting User Content, and certain other tasks made available by the Company on the App, from time to time in its sole discretion (“App Activities”). The number of $LOTX Tokens earnable for each App Activity shall be determined in the sole discretion of the Company. $LOTX Tokens held by the End-User will be stored in an online wallet within the App (the “Wallet”). $LOTX Tokens can be applied towards in-App rewards, made available by the Company from time to time through the App, to voting with other App users on App Community matters, and electing App Custodians.
The Company will make a certain number of $LOTX Tokens available to the App Community through the $LOTX Token treasury within the App (the “Treasury”). The number of $LOTX Tokens available to the Treasury shall be determined by the Company in its sole discretion. The Treasury shall be managed and administered by the App Custodians voted on and elected by the App Community.
$LOTX Tokens are not exchangeable for money or currency. $LOTX Tokens are provided to End-Users free of charge as our thanks for using and interacting with the App. You should not expect to profit or earn money from receiving $LOTX Tokens. Your $LOTX Tokens are intended to be collected and used within the App, and are only provided based on your direct efforts on the App. The value of $LOTX Tokens is purely to allow for different functionalities and abilities within the App. The $LOTX Token’s value is not tied to the future profits or success of the Company and should not be treated as an investment or shareholding by the End-User.
The Company has not undertaken, and will have no obligation, to register any of the $LOTX Tokens under any securities laws. There is no market for the $LOTX Tokens and no market for the $LOTX Tokens may ever exist, and even if the Company becomes a reporting issuer, the $LOTX Tokens may be subject to resale restrictions under applicable securities laws. $LOTX Tokens may be available for sale, resale, and purchase through various decentralized and centralized third-party exchange platforms (a “Third-Party Platform”). The Company has no affiliation with any Third-Party Platform and takes no responsibility for the End-User’s experience or results in using a Third-Party Platform. The End-User acknowledges and agrees that any use, purchase, sale, or resale of $LOTX Tokens through a Third-Party Platform is done at the sole risk of the End-User and with no warranty from the Company. No assurance can be provided that, in the event the Company becomes a reporting issuer, a liquid market will exist for the $LOTX Tokens.
There may be material tax consequences to the End-User of an acquisition or disposition of the $LOTX Tokens and the Company gives no opinion and makes no representation to the End-User with respect to the tax consequences to the End-User under federal, state, provincial, local or foreign tax laws that may apply to the End-User’s acquisition or disposition of any of the $LOTX Tokens.
All Fees paid for Premium Services are non-refundable. In the event an End-User requests a refund of Fees paid for Premium Services which have not yet been rendered, a refund shall be provided so long as the request is received no less than twenty four (24) hours prior to the service delivery date indicated by the Company.
You are required to notify the Company of any dissatisfaction with services rendered by the Company within three (3) days after you first became aware of a problem, concern or any other source of dissatisfaction. In the event such notice is not received by the Company within three (3) days, you will be deemed to have accepted the services.
Third Party Payment Processing
From time to time, Company may change the Third Party Payment Processor it uses to support the Company Payment Services, or Company may offer the option of using other Third Party Payment Processors to support the Company Payment Services, or Company may elect itself to perform some or all of the services that were previously provided by the Third Party Payment Processor. If Company does so, then, in order to continue to use the Company Payment Services, End-User may be required to agree to additional terms imposed by Company or such other Third Party Payment Processor. If End-User does not wish to accept those terms, then such End-User must cease using the corresponding Company Payment Services.
All payment is exclusive of any taxes or duties imposed by applicable tax laws in each End-User’s tax jurisdictions, and the Company will not be responsible for any taxes or duties owed by the End-User.
The App and all Premium Services are provided “As-Is” and no refunds will be provided for early termination, subject to the terms herein.
USE OF APP
The App, is limited to the following features and license restrictions contained in the version available during the Initial Term and subsequent Renewal Terms, and includes:
Creation of dedicated user profiles;
Connecting with other End-Users on the App (the “App Community”);
Participating in the App’s governance functions and voting system;
Posting App Content;
Interacting with App Content; and
Earning $LOTX Tokens for interacting with and posting App Content;
Electing App Custodians to manage the $LOTX Token treasury;
Sending and receiving $LOTX Tokens within the App;
Other future funcationalities?
THE COMPANY IS NOT A PARTY TO ANY AGREEMENT OR TRANSACTION THAT MAY BE FORMED BETWEEN END-USERS, WHETHER OR NOT FORMED THROUGH THE APP. END-USER AGREES AND CONFIRMS THAT COMPANY HAS NO RESPONSIBILITY NOR LIABILITY FOR THE ACTS OR OMISSIONS OF ANY END-USER. COMPANY WILL NOT ASSESS, GUARANTEE, NOR VERIFY THE SUITABILITY, LEGALITY OR CONTENTS OF ANY EVENT SCHEDULED THROUGH THE APP.
END-USER UNDERSTANDS AND AGREES THAT COMPANY DOES NOT ITSELF PUBLISH ANY OFFERS NOR PROVIDE ANY SERVICES OTHER THAN PROVIDING THE APP, A TECHNOLOGY PLATFORM, TO CONNECT END-USERS TO EACH OTHER. COMPANY DOES NOT BUY NOR SELL ANY SERVICES THROUGH THE APP; COMPANY IS NOT THE RETAILER OF ANY SERVICES THROUGH THE APP, INCLUDING ANY APP OFFERING, OFFERED BY AN END-USER. COMPANY IS NOT LIABLE, NOR RESPONSIBLE, AND NOR DOES IT GUARANTEE ANY OBLIGATION OF AN END-USER, INCLUDING BUT NOT LIMITED TO, THE PROVISION OF SERVICES RELATED TO A COMPLETED TRANSACTION ON THE APP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT MAKE ANY WARRANTY REGARDING THE AVAILABILITY, PRICING, ACCURACY, QUALITY OR TIMELY PROVISION OF THE APP.
ANY DISPUTES BETWEEN END-USERS RELATING DIRECTLY OR INDIRECTLY TO THE APP MUST BE RESOLVED ENTIRELY BETWEEN THE END-USERS, AND SUCH END-USERS HEREBY FULLY RELEASE THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS (“AFFILIATES”) FROM ANY PRESENT OR FUTURE CLAIMS REGARDING ANY SUCH DISPUTES.
COMPANY AND ITS AFFILIATES ARE NOT RESPONSIBLE NOR LIABLE FOR ANY RESULTS OF USING THE APP OR ANY AGREEMENT BETWEEN END-USERS. USE OF THE APP IS AT THE END-USER’S OWN RISK. THE COMPANY DOES NOT VERIFY END-USERS’ COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS.
App Users. The End-User is solely responsible for ensuring that their use of the App meets all legal and regulatory requirements, including any language translation requirements, for all countries in which they operate.
Agreements through the App. It is the sole responsibility of the End-User, as the case may be, to ensure the fulfilment of the terms of each agreement reached with another End-User through the App, and it is acknowledged and understood that such agreements by the End-Users are at their own risk. Company and its Affiliates are not responsible nor liable for any failure of an End-User to fulfill its obligations in compliance with the terms set out in any agreement between End-Users. Company and its Affiliates have no responsibility or liability for any act, omission or breach by an End-User.
Unauthorized Charges. If there are any unauthorized charges on an End-User’s credit card relating to the App, then the End-User must advise the Company at email@example.com. In such case, you shall have no remedy against Company and its Affiliates other than to receive a full reimbursement, unless such charge was due to an intentionally wrongful act of the Company and its Affiliates.
App Offering Subject to Approval. The Company may remove any features from the App at its discretion. Any and all features shall be subject to the Company’s approval to be made available on the App.
App Data. The Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the App and App Offerings and related systems and technologies (the “App Data”) provided that such the App Data may not include any End-User data other than to provide an Algorithm Update to the End-User, in which case such End-User data shall not be shared externally and shall be included solely in aggregate, anonymous, and de-identified form that is in no way identifiable with End-User, End-User’s business, or any personal information related to the End-User data, for the purpose of improving the Company’s services (the “Algorithm Update”), and the Company will be free (during and after the term of this Agreement) to use such information and data to improve and enhance the Company services, App and for other development, diagnostic and corrective purposes in connection with the services and other the Company offerings.
LIMITED LICENSE TO USE APP
Changes to Terms. Pursuant to the amendment restrictions set out in Applicable Law (define below), the Company may add to, discontinue or revise this Agreement or any aspect, mode, design, or service provided under the App at the Company’s sole discretion, which include but are not limited to the:
(a) scope of the features;
(b) timing of the features;
(c) software/hardware required for access to the App; and
(d) geographic locations or jurisdictions in which certain features may be available
(a) the new or amended agreement terms;
(b) how such terms read formerly;
(c) the date of the coming into force of the amendment;
(d) the means in which to respond to the notice of amendment and the effects of not responding;
(e) the option to either terminate the agreement or retain the agreement unchanged; and
It is the End-User’s responsibility to send such notices of material changes to all End-Users associated with the End-User’s account. The Company highly recommends that each End-User read any amendments carefully. Unless explicit consent is required by the law, the Company has the right to assume that each End-User accessing the App through the App registration has accepted the change to this Agreement, unless such End-User notifies the Company to the contrary, no later than thirty (30) days after the amendment comes into force (or the minimum number of days as required under Applicable Law, whichever is greater), that such End-User desires to cancel the contract or deregister or unsubscribe from access to the App.
Suspension and Termination. End-Users may terminate their relationship with the Company by notifying the Company via email at firstname.lastname@example.org. The Company may suspend provision of the App in the event that the End-User fails to make any payment when due hereunder, ceases to carry on its business in the normal course, if an event of Prohibited Use (as described herein) occurs, or if the End-User is in material breach of the Agreement. Suspension shall have no effect on the payment obligations of the End-User during the Agreement Term or Renewal Term. A suspension event shall be included in the definition of End-User material breach. The End-User agrees to pay the Company’s reasonable expenses, including lawyer and collection agency fees, incurred in enforcing the Company’s right to payment.
At the Company’s discretion, the Company may terminate this Agreement immediately at any time and for any reason including, but not limited to:
(a) an End-User’s material breach of this Agreement, including failure to make payments when due;
(b) if the End-User has not adhered to any or all the provisions of the Agreement (such as a failure to pay fees when due) or if it appears that the End-User does not intend to or is unable to comply with the Terms, such determination to be made solely at the Company’s discretion;
(c) for prolonged inactivity of any account if the End-User has not logged in to the End-User’s Account.
(d) if the Company is required to terminate the relationship by law;
(e) if the Company receives any notice of or discovers any event of Prohibited Use;
(f) if provision of the App is no longer commercially viable for the Company; and/or
Upon termination of this Agreement with the End-User, the Company immediately revokes the End-User’s license, use the App and may block all access to the End-User’s account, and may delete all data and information associated with the End-User’s account for thirty (30) days after such termination.
Permitted Uses: The End-User agrees to use the App only for purposes that are permitted, both by the Agreement and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions. The End-User agrees to adhere to any applicable privacy of personal information laws and regulations.
Unauthorized Access: The End-User agrees to only access (or try to access) and use the App through interfaces provided by Company. The End-User shall not access (or try to access) and use the App through any automated means, including, but not limited to, scrapers, scripts, robots, or web crawlers. The End-User agrees not to use or attempt to use another End-User’s account. The End-User agrees not to impersonate any person or entity, or falsely state or otherwise misrepresent the End-User, the End-User’s personal information, or the End-User’s affiliations with any person or entity.
Moderation of content created by the End-User: The End-User understands and agrees that although the Company is not required to moderate the End-User’s use of the App, it may in its sole judgment review and delete any content in whole or in part, for any reason whatsoever, which without limitation, violate this Agreement or which might be objectionable, offensive, indecent, illegal, or that might violate the rights, harm, or threaten the safety of others.
Objectionable content created by others: The End-User understands that when using the App, the End-User may come across material that the End-User finds objectionable, offensive or indecent and agree that the End-User is using the App at the End-User’s own risk. The End-User may alert the Company by using the support contact information contained herein.
User Responsibility: The End-User agrees that the End-User is solely responsible for any breach of the End-User’s obligations under the Agreement and for the consequences of any such breach, whether such breach is occasioned by the End-User. The Company has no responsibility to the End-User or to any third party for such breaches or the consequences of such breaches (including losses or damage that Company may incur).
Technical Requirements: Use of the App requires internet access through the End-User’s computer. The End-User may be required to have the most up-to-date operating system to use the App, and some features of the App may not be accessible with such technologies disabled.
User Responsibility for Equipment. The End-User agrees to be responsible for obtaining and maintaining any software, browsers, hosting services, other equipment and ancillary services needed to connect to, access or otherwise use the App.
Third Party Links. The App may link to third-party websites and/or resources. Such links are provided as a convenience to the End-User only and do not imply an endorsement, warranty or guarantee by the Company of any such linked website or the company it purports to represent. The Company does not assume any responsibility or liability for the availability or accuracy of such links, and/or the content Apps or services provided at the destinations of such links. The End-User is solely responsible for use of any such websites or resources and compliance with their policies. Should the End-User elect to enter into a binding contract with any such third party website and/or resource, the End-User agrees to hold the Company harmless and hereby release the Company from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of the End-User’s actions or the actions of any End-User associated with the End-User’s account, offering to accept or having accepted any Apps or services that are available from those sites.
Rights to content provided by Company. The End-User acknowledges and understands that Company own all right, title and interest in: (a) the App and all improvements, enhancements or modifications thereto; (b) the App and any associated data files; and (c) all computer software; advertisements; sponsored content; and intellectual property associated with the App, which the End-User may have access to when using the App.
Know-How. Subject to the provisions hereof respecting confidentiality and intellectual property, the Company shall be free to use any ideas, concepts or know-how developed or acquired by the Company during the provision of the App under this Agreement to the extent obtained and retained by the Company’s personnel as impressions and general learning (the “Know-How”). Nothing in this Agreement shall be construed to preclude the Company from enhancing the App based on the accumulation of Know-How.
The End-User is not required to provide the Company with any comments, suggestions, recommendations, bug reports, requests or any other feedback (“Feedback”). In the event that the End-User do provide the Company with Feedback, the Company may use such feedback to improve the App or for any other purpose. Furthermore, the Company shall own such Feedback and the Company and its affiliates, licensees, clients, partners, third-party providers and other authorized entitled may use, license, distribute, reproduce and commercialize the Feedback, and the End-User hereby assigns, irrevocably, exclusively and on a royalty-free basis, all such Feedback to the Company.
Limited license: The Company hereby grants the End-User a non-exclusive, non-transferable, revocable, limited license to use the App in accordance with this Agreement. This limited license is subject to full payment of the Fees when due. This license may be revoked by the Company at the Company’s sole discretion and without notice upon breach of this Agreement by the End-User and shall automatically be revoked upon termination or expiration of this Agreement.
The Company may, now or in the future, own rights to trade-marks, trade names, services marks, logos, domain names and other distinctive brand features which Company uses in connection with the operation of the Website and/or the App (each such feature being a “Brand Right” and collectively being the “Brand Rights”). The Company does not grant the End-User any right or license to use any Brand Right other than as expressly set out in this Agreement and in other licenses between the End-User and the Company.
Licence to Brand Marks: The Company and End-User agree and understand to grant to each other a perpetual, non-exclusive, royalty-free licence to use one another’s name, logos, and/or trademark (individually and collectively described as the “brand”) for the purposes of any press release, advertising, webpage, blog or other promotional, advertising or marketing material so long as no confidential information is disclosed, and such license shall be revocable upon written notice provided in the brand owner’s sole discretion, such discretion to be reasonably exercised. None of the parties shall not do or allow to be done any act or thing that will in any way impair the rights of the other party’s brand.
MOBILE APPLICATION LICENSE
Use License. If you access the App via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the App: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a Canadian government embargo, or that has been designated by the government of Canada as a “terrorist supporting” country and (ii) you are not listed on any Canadian government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
Social Media. As part of the functionality of the App, you may link your Account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the App; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the App via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. 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 may be available on and through your account on the App. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the App. You will have the ability to disable the connection between your account on the App and your Third-Party Accounts at any time. 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. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the App. You can deactivate the connection between the App and your Third-Party Account by contacting us using the contact feature on the App or the contact information below. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture, if required, that become associated with your account.
CONDITIONS OF USE AND SITE CONTENT STANDARDS
For the purposes of this Section, the following definitions shall apply:
a.“Business/Service Interruption” means any delay or stoppage to the Services forced upon the Company by reasons which could not have been reasonably foreseen or prevented;
b.“Computer Security” means the programs and software the Company utilizes to protect its and its End-User’s Data;
c.“Cyber Extortion” means any direct or indirect attempt to coerce the Company or its representatives through online or electronic means into any form of exchange to prevent a threatened action by the coercing party;
d.“Data” means any electronic information, text, image, video or other code in the possession of the Company.
e.“Force Majeure” includes, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, pandemics or epidemics, government-mandated lockdowns, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services;
f.“Information” includes Personally Identifiable Information, Data, and any other documentation which could be reasonably foreseen as having intrinsic or economic value to the End-User and/or the Company;
g.“Malicious Code” means any code in any part of a software system or script that is intended to cause undesired effects, security breaches or damage to a system.
h.“Personally Identifiable Information” means any information that alone or in combination with other information held by the Company can be used to specifically identify an End-User;
i.“Security Breach” means any compromise of the Company’s personal or corporate accounts, computers, or any other password-protected information, that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to protected data transmitted, stored or otherwise processed
The Company takes our End-User’s security extremely seriously. While we endeavour to take every reasonable precaution to protect your information, certain events outside of our control, including but not limited to cyber extortion, hacking, business/service interruptions, and force majeure events, may result in the disclosure, damage, or destruction of such information and further subsequent damage. In such event, the Company shall not be held responsible or liable for any theft, damage, loss or unauthorized disclosure of personally identifiable information or third party information or business or tax records or any other information or records that are in the care, custody or control of the Company. Further, in such event, the Company shall not be held liable or responsible for any interruption to the Website or the App that is a direct or indirect result of:
a.The plagiarising of any other End-User’s data;
b.The alteration, corruption, destruction, deletion, or damage to data stored on The Company’s computer systems;
c.Data loss, damage or inability to access data and/or intellectual property infringement that is caused by a security breach;
d.Data loss, damage or inability to access data or business/service interruption due to corruption of the data as a result or unforeseen or reasonably unpreventable computer hardware, software or firmware failure;
e.Data loss, damage or inability to access data or business/service interruption due to satellite or internet failure;
f.The failure to prevent transmission of malicious code from the Company computer systems to computer or network systems belonging to an End-User or related third party;
g.The failure to prevent a loss or threat caused by cyber extortion.
The Company shall not be held responsible or liable for any damage or loss to an End-User’s data, intellectual property, or documentation which result from a force majeure event.
b.Upload or cause to be displayed on or through the Website any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
c.Provide or contribute to any false, inaccurate or misleading information;
d.Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
e.Transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
f.Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;
g.Promote any illegal activity, or advocate, promote, or assist any unlawful act;
h.Give the impression that content you created originated from or is endorsed by the Company or any other person or entity, if this is not the case;
i.Plagiarize any other End-User’s content or creations; or
j.Reproduce or use without authorization any copyrighted material.
Unless otherwise indicated, the App and the Website are the exclusive proprietary property of the Company and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by the Company or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, Content and the Marks.
LIMITATION OF LIABILITY
The End-User hereby agrees to release, remise and forever discharge the Company and the Company’s directors, employees, officers, and the Company’s affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, and for any special, indirect or consequential, incidental or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data, or other intangible losses (collectively, a “Claim”), whether in contract or tort, whether known or unknown, which now or hereafter arise from, to the maximum extent allowed by law, that relate to, any use of the App whatsoever.
THE END-USER ACKNOWLEDGES AND AGREES THAT: (A) THE WEBSITE AND THE APP ARE TO BE USED “AS-IS”, WITH NO WARRANTIES ON FITNESS FOR THE PURPOSE, MERCHANTABILITY OR OF ANY OTHER KIND, WHETHER EXPRESSED OR IMPLIED; AND THE END-USER ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT THE END-USER USES THE WEBSITE AND THE APP AT THE END-USER’S OWN RISK; (B) THE COMPANY IS HEREBY RELEASED FROM ANY AND ALL LIABILITY FOR USE OF THE WEBSITE AND THE APP; AND (C) THE END-USER HAS REVIEWED THE FOLLOWING LIST OF POTENTIAL EVENTS SPECIFICALLY DISCLAIMED AS EXAMPLES FOR WHICH THE END-USER HAS SPECIFICALLY RELEASED THE COMPANY FROM ANY AND ALL LIABILITY FOR (AMONG OTHERS):
(a) For non-App failures: responsibility for any failure of, or damages to, any hardware devices, equipment or networks or internet access, content or data, or third party applications used by the End-User in connection with the App;
(b) For communication failures or App downtime: whether due to maintenance or other reasons, any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the App content, End-User User Data, use of App and/or any communications between the End-Users and the App;
(c) For loss of access as a result of failure to receive payment: account suspension or termination as a result of the End-User’s insufficient funds to make payment or payment processing issues that are beyond the Company’s control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by the User’s payment card brand or acquirer bank, or any other interface from an outside force);
(d) For content inaccuracy: any inaccuracy in content and/or recommendations by the Company in the Company content and/or the End-User’s User Data, and the End-User is responsible for ensuring that that the information entered into the Company’s system by such End-User is accurate, reliable and complete, and agrees that the provision or storage of End-User Data through the App does not constitute the Company’s endorsement or warranty as to the accuracy of such content;
(e) For compliance with law: the compliance of such End-User Data with applicable legislation including privacy legislation, and End-User agree that the provision or storage of End-User Data through the App does not constitute the Company’s endorsement or warranty as to compliance with laws;
(f) For online discussions: responsibility or liability for any user-generated commentary, ratings or reviews. Ratings and reviews posted to the App DO NOT reflect the Company’s views;
(g) For monitoring: liability for monitoring the App or for unauthorized or unlawful content on the App or use of the App by any of the App’s End-Users;
(h) For non-infringement: direct or indirect, express or implied representation or warranty as to title and non-infringement of intellectual property in relation to the App.
(i) For processing of content: liability for any damages that may arise by the End-User’s use and/or direct or third-party processing of End-User Data, and the End-User further agrees and acknowledges that the Company is not liable for any damages that may arise if End-User Data is misdirected in error, subject to, subject to the Company’s legal requirements relating to the protection of personal information under Applicable Law;
(j) For communications directly or through the App: liability for any damages that may arise for communications received to the End-User through the End-User’s access to the App and/or for the posting of information on the App, Website, blog, account or any affiliated social media, including but not limited to, End-User Data, pictures, written reviews, personal information, and/or comments made from the End-User’s personal point of view;
(k) For unauthorized activities: unauthorized activities directed towards the App or its End-Users including identity theft, fraud or unauthorized access; viruses, or denial of service attacks; and/or
(l) For force majeure: any force majeure event as described in this Agreement and/or any matter beyond the Company’s reasonable control.
In the event that there is a finding of liability pursuant to the dispute resolution provisions of this Agreement that is contrary to the foregoing, the End-Users agree that such damages shall be limited in the aggregate for all Claims related to all of the End-Users registered on behalf of an organization and the organization itself (individually and collectively, the Claimants) to the fees or charges which the Claimants have paid for the App, whether or not any or all of the Claimants have been advised of the possibility of such damages or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein.
The End-User agrees that the End-User will be solely responsible for all activities that occur under the End-User’s Account, whether the End-User is aware of them or not. The End-User agrees to hold the Company harmless and release the Company from any loss or liability whatsoever that the End-User may incur as a result of someone other than the End-User using the End-User’s password or account, either with or without the End-User’s knowledge. The End-User agree to indemnify the Company for any damages, third party claims or liabilities whatsoever that the Company may incur as a result of activities that occur on or through the End-User’s account, whether or not the End-User were directly or personally responsible.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
If you believe that any material available on or through the Website or App infringes upon any copyright you own or control, please immediately notify us at email@example.com (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the App are covered by the Notification, a representative list of such works on the App; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Website or App as a result of a mistake or misidentification, you may submit a written counter notification to The Company using the contact information provided below (a “Counter Notification”). Your Counter Notification must include the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Province of Ontario; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
For support inquiries, or to report objectionable content, please contact the Company at firstname.lastname@example.org.
Amendment to Terms
Independent Legal Advice
The End-User agree that the laws of the province of Ontario and the federal laws of Canada as applicable therein, without regard to the principles of conflict of laws (“Applicable Law”), will govern this Agreement and any dispute of any sort that may arise between the End-User and Company. With respect to any disputes or claims, the End-User agree not to commence or prosecute any action in connection therewith other than in the province of Ontario, and the End-User hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial courts of Ontario. The End-User agree to pay reasonable attorneys’ fees and court costs incurred by the Company to collect any unpaid amounts owed by the End-User.
Other than in the event of a dispute, in which case the apportionment of expenses shall be determined pursuant to the dispute resolution rules, each Party shall be responsible for its own legal fees and other expenses incurred in connection with the negotiation of these terms (if any) and the performance of any of such Party’s obligations hereunder.
The End-User agree that the Company are not liable for a delay or failure in performance of the App or the provisions of this Agreement caused by reason of any occurrence of unforeseen events beyond the Company’s reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The insertions of headings are for convenient reference only and are not to affect the interpretation of this Agreement.
Survival of Agreement
All covenants, agreements, representations and warranties made in this Agreement shall survive the End-User’s acceptance of this Agreement and the termination of this Agreement.
The Company reserves the right to contact you from time to time for feedback regarding our App and the Website. We will also contact any End-User who files a complaint with The Company regarding a representative of the Company or the Website or App overall. Notices to Users will be deemed effective at the time they are sent by the Company or as of the date they are posted on the Website.
Maintenance and Support
The Company is solely responsible for providing any maintenance and support services with respect to the Website or App when required from time to time or as required under applicable law. If you notice a problem or error on the Website or when using the App you can report it to email@example.com.
Name and Address
The Company’ contact information for any end-user questions, complaints or claims with respect to the Company’s properties is firstname.lastname@example.org.