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Overview
Privacy is very important to us, and we are committed to safeguarding it. This Privacy Policy explains what we will do with your personal information.
This privacy policy applies to all personal information gathered by 8Trees, Inc., a Canadian corporation, (“we,” “us,” “our,” etc.) from its users (“you,” “your,” etc.)
through its websites, applications, services and/or software (collectively, the “Service”).
Purpose and effect
Your use of the Service is voluntary. We must obtain personal information about you in order to provide you with certain features of the Service.
By using the Service or requesting that we provide the Service to you, you are agreeing to disclose certain of your personal information to us and you are
authorizing us to use and disclose your personal information pursuant to the provisions of this Privacy Policy.
Your personal information
Prior to your use of the Service, we may request certain personal information about yourself, including, but not limited to, your: (i) first name and last name; (ii) email address; (iii) mailing address; (iv) telephone number(s); (v) organization information; and (vi) credit card information. Such personal information is considered “Personal Data,” which means information that can directly or indirectly identify you as a natural person. There are two types of Personal Data we may collect, including “regular data” and “special categories of personal data.” Regular data may include your name, address, email address, photo, IP address, geographical location data, online behavior (cookies), profiling and analytics data. Special categories of personal data would include race, religion, political opinions, trade union membership, sexual orientation, health information, biometric data, and genetic data. Not all such personal data is collected by us.
Additional information, which may not identify you (as described below) and other Personal Data may include: browser type and version, operating system, information about your visits to and use of the Service including the referral source, length of visit, page views, and website navigation paths; email address, profile information that you voluntarily provide to us, including, e.g. profile pictures, gender, birthday, relationship status, interests and hobbies, educational details, employment details, and credit card information. Information may also include your click history, the times and dates at which you access the Service, the particular portions of the Service you use, and the details of transactions you conduct using the Service.
Personal Data may be collected and/or used by us as a “Controller” as such term is defined in the European Union General Data Protection Regulation (“GDPR”), or our “Processor” designee, which is also defined within the GDPR. A “Controller” is a person or entity that determines the purposes and means of the processing of personal data. As such, we will endeavor to implement appropriate technical and organizational measures to ensure that such processing activities, if any, protect your privacy. A “Processor” stores or maintains data on behalf of a Controller, but does not decide which items of personal data are going to be stored, or how that data is used.
Whether as a Controller or Processor, we will adhere to the following data protection (privacy) principles. Personal Data will be collected only for specific legitimate purposes, and it will be relevant and limited to that which is necessary. Provided that you communicate to us updated information, we will keep your Personal Data accurate and up to date. We will only store it for so long as is necessary, and we will ensure appropriate security, integrity and confidentiality against unauthorized processing and against accidental loss, destruction or damage.
In the event of any data breach, you will be notified without undue delay. There is an exception where the data breach is unlikely to result in any harm to you. In the event of a breach, you will be notified of:
How we use your personal information
Personal information, i.e. Personal Data, submitted to us through our app or website will be used for the purposes specified in this policy. We may use your personal information for the following:
administering our website, application and business; personalizing our website tools and/or databases for you; enabling your use of the Service; sending you software or software tools purchased through our app or website; supplying the Service to you; sending statements, invoices, and payment reminders to you, and collecting payments from you; sending you non-marketing communications; sending you email notifications that you have specifically requested; providing third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information); providing information to our Processor; dealing with inquiries and complaints made by or about you relating to the Service; keeping our app and website secure and to prevent fraud; verifying compliance with the terms and conditions governing the use of the Service; and other uses, which may be added hereto.
If you submit Personal Data for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not, without your express consent, supply your Personal Data to any third party (other than our Processor) for their or any other third party’s direct marketing.
Consent
By indicating your acceptance of this Privacy Policy, you hereby accept the terms contained herein. Your acceptance indicates that you acknowledge that your consent to use your Personal Data for the purposes identified herein is freely given (“Consent”). Should you feel that this consent is in any way unclear or ambiguous, please contact our privacy personnel at the following address with any questions prior to your accepting the privacy policy: support@8trees.ca
You further understand that use of the Service is expressly conditioned on your consent to the processing activities described herein.
IN ACCORDANCE WITH THE ABOVE STATEMENT, YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT, BY REGISTERING AN ACCOUNT WITH THE SERVICE,
YOU EXPRESSLY CONSENT TO THE USE OF YOUR PERSONAL DATA FOR THE PURPOSES DESCRIBED ABOVE.
Consent may be refused by declining to affirmatively acknowledge this Privacy Policy or foregoing use of the Service.
Consent Withdrawal
Consent to this Privacy Policy may be withdrawn at any time by providing written notice to our privacy personnel at support@8trees.ca
Storage, Objection, Correction, Erasure, Information
Personal Data will be stored in the cloud by our Processor.
Personal Data will be stored in a manner that ensures appropriate security, integrity and confidentiality and secured against unauthorized processing,
accidental loss, destruction or damage. We will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of
your Personal Data. We will store the Personal Data you provide on our secure (password and firewall-protected) servers. All electronic financial transactions
entered into through our app or website will be protected by encryption technology. You acknowledge that the transmission of information over the internet is
inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for keeping the password you use for accessing our
app or website confidential; we will not ask you for your password (except when you log in to our website).
Personal Data will be stored in a format that allows for easy portability. Portability means the Personal Data will be stored in a manner that allows you to
obtain and reuse your Personal Data for your own purpose by transferring it to a different environment. Upon your written request, you will be provided with the
ability to access your Personal Data to verify its accuracy, download it in an easily-portable format or request a copy of your Personal Data being processed.
Personal Data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
You further have the right to object in writing to the processing of your Personal Data. In such case, the Personal Data will not be processed, unless we demonstrate
compelling and legitimate grounds for the processing that override your interests, rights and freedoms, or we require the data to establish, exercise or defend
legal rights. You further have the right to object to the processing of your Personal Data for the purpose of direct marketing, including profiling. Where Personal
Data are processed for scientific and historical research purposes or statistical purposes, you have the right to object, unless the processing is necessary for the
performance of a task carried out for reasons of public interest. If you object to the processing of your Personal Data, you agree to the termination of your
access to the Service in the event that we determine, in our sole discretion, that we are unable to provide the Service due to your objection to the processing
of your Personal Data. This objection right is given free of charge, although we may charge a reasonable fee for repetitive requests, manifestly unfounded or
excessive requests for additional copies of information you request.
Upon termination of the Service for any reason, and upon your written request, your Personal Data may be erased. Additionally, you have the right at any time to
demand that inaccurate or incomplete Personal Data are erased or rectified. You have the right of erasure if:
Disclosing your Personal Data
We may disclose your Personal Data to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors, subsidiaries or parent companies as
reasonably necessary for the purposes set out in this Policy. We may disclose your personal information:
International data transfers
Information that we collect may be stored, processed in, and transferred between any of the Information that we collect may be stored, processed in,
and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy. Information that we collect may be transferred to the following countries, which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America. Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
You expressly agree to the transfers of personal information described in this Section.
How we use information that is not personally identifiable.
We analyze traffic to our sites in various ways, including using Google Analytics. By visiting the Site or using the Service, you are agreeing to the terms of the
Google Privacy Policy that apply to Google Analytics. We are not responsible for any changes made to the Google Privacy Policy or of advising you of such changes.
We use this information to generate statistics and to measure activity to improve the Service. We reserve the right to change analytical service providers at any time without notice.
We do collect IP addresses of devices accessing the Service in our server logs, as well as information like internet domains, the date and time of a visit, and the
pages accessed on the Service. This information is used solely for diagnostic and analytical purposes in order to improve the Service.
As you browse 8trees app.com, cookies can be placed on your computer so that we can understand what you are interested in. Our display advertising partners, AdRoll and
Google, then enable us to present you with retargeting advertising on other sites based on your previous interaction. The techniques our partners employ do not collect
personal information such as your name, email address, postal address, or telephone number. You can visit this page to opt out of AdRoll’s and their partners’ targeted advertising.
Cookies Policy
8Trees, Inc. (“us”, “we”, or “our”) uses cookies on the https://www.8trees.ca / website and the 8trees mobile application (the “Service”). By using the Service, you
consent to the use of cookies.
Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies
and further information about cookies.
What are cookies?
Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a
third-party to recognize you and make your next visit easier and the Service more useful to you.
Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session
cookies are deleted as soon as you close your web browser.
How we use cookies
When you use and access the Service, we may place a number of cookies files in your web browser. By continuing to visit or use the service, you are agreeing to the use of cookies and similar technologies for the purposes described in this policy.
We use cookies for the following purposes:
Opt-out procedure
To opt-out of all further contact initiated by us, and to forestall our further use or disclosure of your personal information, email us any time.
Opting out of all communication in this manner means that you must discontinue all use of the Service.
As part of operating its services, 8Trees, Inc. discloses personal information to the following agents:
Contact
If you have any questions about our privacy policy, please contact us at support@8trees.ca
Purpose
8Trees, Inc., a Canadian corporation, (“we”, “us”, “our”, etc.) owns and operates the 8trees.ca web site (the “Site”), on which we provide a service that enables customers (each a “Customer”, or “you,” “your,” etc.) to perform field data collection on mobile devices and to store Subscriber Content (as that term is defined below). The service may also include installation and operation of one or more downloadable software applications from us intended for integrated use therewith (with the Site, such service, and such software applications collectively and individually being referred to as the “Service”). Your use of the Service is subject to the terms and conditions set forth in these Terms of Service (these “Terms” or the “Terms of Service”).
These Terms constitute a legally binding agreement by and between you and us. By accessing and using the Service, you accept these Terms and agree to the provisions, terms, conditions, and notices contained or referenced herein whether or not you become a registered user. If you do not agree with these Terms, do not use the Service. You also consent to the processing and storage of Subscriber Content and acknowledge that we are simply a data processor, as that term is generally defined.
We acknowledge that each Customer may authorize multiple Members (as defined below) to use the Service under that Customer’s particular Account (as defined below). Access to or use of the Service by you shall cause these Terms and Conditions to be binding upon yourself, the primary Account holder to your respective Account, and all Members under such Account.
Rights Granted
On the condition that you comply with all your obligations under the Terms we grant to each Customer a limited, royalty-free, non-exclusive, non-transferable, terminable right and license to use the Service, which includes downloading, installing, and operating the mobile software application components, all in accordance herewith and with such instructions and documentation as we may post on the Site or otherwise promulgate from time to time. This license is for the sole purpose of using the Service for its intended purpose as outlined in the Terms. You may not copy, modify, adapt, distribute, sell, lease, or reverse engineer any part of the Service or software.
Notwithstanding the foregoing, if you are using 8trees Community, data collected with 8trees Community is free to copy, but not to distribute and/or transmit, and adapt as long as you credit 8Trees, Inc. and its contributors. EVEN If you alter or build upon our data, you may not distribute the results. only under the same license. We require that you place the following notice on all copies thereof: “© [year] 8trees Community”.
We reserve the right to make changes to these Terms at any time without notice to you by posting the changed Terms on the Site or by otherwise making them available to you with reasonable prominence. All changes shall be effective immediately thereupon. Please check these Terms periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. We may change the features and functions of the Service, including the API (defined below), over time. It is your responsibility to ensure that calls or requests made to the Service are compatible with the current API. We will make reasonable attempts to avoid changes to our APIs that are not backwards compatible, and we will make reasonable efforts to notify you of any changes to that effect prior to implementation if they become necessary.
Using 8trees Apps
To use the Service, you must register for an 8trees app account (the “Account”). You are solely responsible for any and all activity under your Account.
Sharing of Member accounts between multiple individuals is not permitted.
Unacceptable Use
You agree to use the Service responsibly, with good judgment, and in a manner conforming at minimum to prevailing standards for internet etiquette, and you are solely responsible for all acts that occur under your Account. For example and without limitation, while using the Service you agree not to: (i) violate any applicable law or regulation; (ii) infringe the rights of any third party, including, without limitation, intellectual property, privacy, and contractual rights; (iii) use information obtained through the Service for any unauthorized, improper, or illegal purpose; (iv) interfere with or damage the Service, including without limitation through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, forged electronic mail address information, means to reproduce or circumvent the navigational structure or presentation of the Service or its content, or similar methods or technology; (v) use the Service (1) to collect, transmit, distribute, post, or submit any unauthorized personal information concerning any person (including, without limitation, photographs, personal contact information, or numbers of credit, debit, or calling cards or accounts) without their proper consent or (2) to track an individual; (vi) use the Service in connection with the distribution of unsolicited commercial email (“Spam”) or advertisements; (vii) stalk or harass any person; (viii) collect any information about any other user other than as customarily arises in the course of permitted use of the Service; (ix) remove any copyright, trademark, or other proprietary right, notices, or legends contained in the Service; (x) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service; (xi) use the Service to collect information about or from minors without proper consent, or (xii) assist or facilitate any third party in doing any of the foregoing. In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users on certain IP addresses from accessing the Site.
Subscriber Content
For purposes of these Terms of Service, “Subscriber Content” shall mean data entered into the 8trees application by you.
By entering, submitting, or uploading any Subscriber Content, you acknowledge, agree, represent, and warrant to us that: (i) the Subscriber Content has been collected in compliance with all applicable laws, regulations, and policies; (ii) the Subscriber Content does not contain any confidential or proprietary information that you do not have authority to submit; (iii) you have the right to submit such Subscriber Content for storage and use or have received all necessary consents and approvals; (iv) you will use the Subscriber Content in compliance with all applicable laws, regulations, and policies; (v) your use of the Subscriber Content does not infringe or violate the rights of any third party; and (vi) you are not entitled to any kind of compensation or reimbursement of any kind from us for your Subscriber Content. (vii) once submitted you may not delete or request deletion of the content. You grant 8Trees Inc. the right to delete, remove or disable any Subscriber Content however we see fit.
You grant us a royalty-free, worldwide, non-terminable, assignable, right and license to use, copy, and make derivative works of, your Subscriber Content as 8Trees Inc. sees fit.
Subscriber Content of third parties and other information entered, submitted, or uploaded through the Service by third parties become the property of 8Trees Inc. We do not guarantee the accuracy or completeness of any Subscriber Content on the Service nor do we monitor Subscriber Content for accuracy. We take no responsibility and assume no liability for any Subscriber Content that you or any other user posts or sends over the Site.
Data, Publicity and API Usage
The service is hosted on the AWS platform and follow their policies:cookie
https://aws.amazon.com/compliance/data-privacy-faq/
We take data security very seriously and will vigorously pursue all actual or threatened security breaches. Please report any security concerns to support@8trees.ca
Registration and Payments
As a registered Service user, you may participate in some, but not all, of the features and services available within the Service. Some components of the Service require payment. By subscribing to the Service components that require payment, you agree to be charged on a recurring basis for subscription fees in advance of our providing such Service components to you. The subscription fee is billed on the first day of each billing period, unless or until you cancel your subscription. Fees are payable in advance as billed and are non-refundable unless otherwise stated. We do not refund subscription fees for unused time if you cancel during the middle of a billing cycle.
We are not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by 8trees . Currency exchange settlements will be based on agreements between you and the issuer of your credit card or your financial institution.
We reserve the right to modify our fees, but will notify you in advance of increases.
Proprietary Rights
The Subscriber Content and materials available on the Site are protected by our or third parties’ rights of publicity, copyright, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Unless you have been given express written permission, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any such materials or Subscriber Content available on the Site. Notwithstanding the foregoing, you may use the Subscriber Content and materials on the Site for their intended purposes through the ordinary course and scope of the Service and in compliance with these Terms of Service.
You may not use of any of our trademarks in any manner, including as metatags on other websites. You may not display any of the Site in a frame unless done through a supported, built-in feature of the Service (or any of our Subscriber Content via in-line links) without our express written permission, which may be requested by contacting us. You may, however, establish ordinary links to the homepage and other sections of the Site without our written permission.
Third-Party Websites & Services
We may provide links to third-party websites on the Site, and some of the Subscriber Content is supplied by third parties. We have no responsibility or accountability for these third-party websites or the Subscriber Content they enter, submit, or upload. A link to another website or service is not an endorsement of that website or service or the information it provides. Your use of any information on third party websites is at your own risk.
Account Suspension or Cancellation
In our sole discretion, we may terminate your access to the Service for any reason or no reason, including, without limitation, your breach of these Terms. If your Account is terminated, your access to the Service may be affected without prior notice. We may immediately deactivate or delete any of your Accounts and all related information and files in such Accounts, and bar any further access to such files or the Service. We may refund unused prepaid fees, but are not obligated to do so. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to the Service. To voluntarily terminate your access to the Service at any time via the Site, simply follow the directions provided on the Site. If for some reason you cannot sign in, you may terminate your Account by sending us written or email notice of termination to support@8trees.ca
Upon discontinuation or termination, you will no longer have access to your Subscriber Content. We shall, however, retain a non-terminable, royalty-free, assignable worldwide license to use the Subscriber Content.
Security
All systems used to process and store Subscriber Content will adhere to commercially reasonable security standards. We may process and store Subscriber Content with a third party in the United States or any other country in which such third parties maintain facilities.
Privacy
Use of the Service is also governed by our Privacy Policy located here. By using the Service, you accept and agree to abide by the terms of the 8trees Privacy Policy.
Customer Service
We may, but are not obligated to, provide assistance and guidance respecting the Service through our representatives. When communicating with our representatives, you may not be abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to the Service. We offer premium support options for additional cost to provide guarantees and priority response. You must execute a separate support contract with us to receive premium support.
Representations and Warranties
You hereby represent and warrant to us that: (a) you have the complete right, ability, and authority to enter into and perform under these Terms; and (b) your use of the Service will not violate any of these Terms.
Disclaimers
Acknowledgement
IF YOU USE THE SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY SUBSCRIBER CONTENT THAT YOU MAY OBTAIN ON THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE INTERNET OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR AFFILIATES, OR DISTRIBUTION PARTNERS, BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR THE SERVICE.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF REPLACEMENT OF ANY SUBSCRIBER CONTENT STORED OR MANAGED USING THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBSCRIBER CONTENT; (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH THE SERVICE OR THESE TERMS.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH THE SERVICE OR THESE TERMS EXCEED THE AMOUNT, IF ANY, THAT YOU HAVE PAID TO US IN CONNECTION HEREWITH DURING THE THEN IMMEDIATELY PRECEDING 60 DAYS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, and employees from and against each and every claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against us arising out of your use of the Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
We agree to defend, indemnify, and hold harmless each Customer and its Members from and against each and every third party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against you arising out of any claim that the Service infringes any third party CANADIAN copyright.
Digital Millennium Copyright Act Compliance
If you are a copyright owner or an agent thereof, and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with all of the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works from us;
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;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
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 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.
Additional Terms
These Terms shall be interpreted in accordance with the laws of the State of Florida without reference to conflicts of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. You may not transfer any of your rights under these Terms of Service to any other person. The provisions stated above are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
All disputes arising out of or relating to these Terms or your use of the Service will be exclusively resolved in state or federal court located in Tampa, Florida. Each party hereby irrevocably submits to the personal jurisdiction of such courts.
If you are a federal, state, or local government entity in the United States of America using the Service in your official capacity and legally unable to accept the foregoing controlling law, jurisdiction or venue clauses, those clauses shall not apply to you.