Terms of Service
Sociavore Inc. Terms of Service (Merchants)
By signing up for the Sociavore services or any of the services of Sociavore Inc. or its affiliates (“Sociavore”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Sociavore under the Terms of Service include various products and services to help you deliver digital hospitality to your guests, whether online (“Online Services”), in person (“Reservation Services”), or both. Any such services offered by Sociavore are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.sociavore.co/terms-of-service. Sociavore reserves the right to update and change the Terms of Service by posting updates and changes to the Sociavore website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Sociavore or any Sociavore services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a Sociavore account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Sociavore may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that Sociavore will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. Sociavore cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Sociavore will result in an immediate termination of your services.
You are responsible for your Account and any Materials you upload to the Sociavore Service. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
2.1 Sociavore Account
Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
2.2 Domain Names
Upon purchasing a domain name through Sociavore, domain registration will be preset to automatically renew each year so long as your Sociavore Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
The person signing up for the Sociavore Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
Any domain you purchase through us will automatically renew unless you opt out.
3. General Conditions
Technical support is only provided to paying Account holders and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that Sociavore may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Sociavore’s website, available at https://www.sociavore.co/terms-of-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Sociavore’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Sociavore service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Sociavore.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Sociavore or Sociavore trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Sociavore’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.sociavore.co/terms-of-service will prevail.
The Sociavore service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in the Province of Ontario.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. Sociavore Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a website, or the Materials uploaded or posted to a website, violate our these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Sociavore customer, Sociavore employee, member, or officer will result in immediate Account termination.
Sociavore does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Sociavore employees and contractors may also be Sociavore customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Sociavore retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Sociavore reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a Sociavore account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
You expressly understand and agree that Sociavore shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall Sociavore or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Sociavore partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Sociavore does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Sociavore does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Sociavore does not warrant that the quality of any reservations, products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
6. Waiver and Complete Agreement
The failure of Sociavore to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Sociavore and govern your use of the Service, superseding any prior agreements between you and Sociavore (including, but not limited to, any prior versions of the Terms of Service).
If Sociavore chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Sociavore don’t apply if they conflict with these terms.
7. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the Sociavore service. All Materials you upload remains yours. You can remove your Sociavore website at any time by contacting us and requesting a deletion of your Account.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your website; (b) to allow Sociavore to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Sociavore can, at any time, review all the Materials submitted to its Service, although Sociavore is not obligated to do so.
You retain ownership over all Materials that you upload to a Sociavore website; however, by making your website public, you agree to allow others to view Materials that you post publicly to your website. You are responsible for compliance of the Materials with any applicable laws or regulations.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Sociavore shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your website to promote the Service.
Anything you upload remains yours and your responsibility.
8. Payment of Fees
You will pay the Fees applicable to your subscription to Online Service and/or Reservation Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Sociavore will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Sociavore will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Sociavore’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Sociavore administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Sociavore’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Sociavore’s products and services, including without limitation, your subscription to or purchase of Sociavore’s Online Services, Reservation Services, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to email@example.com.
Sociavore does not provide refunds.
For live payment gateways, a valid credit card is required. You will be billed for your Subscription Fees every 30 days and have 2 weeks to pay. Any Transaction Fees or Additional Fees will be charged to your credit card. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
9. Cancellation and Termination
You may cancel your Account at anytime by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in Sociavore’s response.
Upon termination of the Services by either party for any reason:
- - Sociavore will cease providing you with the Services and you will no longer be able to access your Account;
- - unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- - any outstanding balance owed to Sociavore for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your website will be taken offline.
If you purchased a domain name through Sociavore, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Sociavore Service or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Sociavore may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email email@example.com. Sociavore will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through Sociavore will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
10. Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days notice from Sociavore. Such notice may be provided at any time by posting the changes to the Sociavore Site (sociavore.co) or the dashboard of your Sociavore website via an announcement.
Sociavore reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
Sociavore shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
11. Account Access
In some cases, it is necessary for Sociavore employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Help Scout employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.
It’s implied we can access your account to support you. Let us know explicitly if you don’t want us to.
12. Third Party Services
In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Sociavore’s partners or other third parties.
Sociavore may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Sociavore’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
We do not provide any warranties with respect to Third Party Services. You acknowledge that Sociavore has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Sociavore’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Sociavore. Sociavore does not guarantee the availability of Third Party Services and you acknowledge that Sociavore may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Sociavore is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service.
Sociavore strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Sociavore is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
Under no circumstances shall Sociavore be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Sociavore has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Sociavore partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
We are not responsible for third party services so use them at your own risk. If you use any third party services on the Sociavore platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.
This Agreement constitutes the entire agreement between Sociavore and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sociavore, or by the posting by Sociavore of a revised version in accordance with this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the Province of Ontario, Canada, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the City of Kitchener, Ontario, Canada. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Sociavore may assign its rights and obligations under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You confirm that you prefer this Agreement and any related documents be in English. Vous confirmez préférer que cette convention et les documents s'y rattachant soient rédigés en anglais.
If any parts of the Terms of Service can’t apply to you, the remainder of the Terms of Service will still apply. If you need to take us to court, it will be here in Kitchener, Ontario. We may show up, or send someone else in our place.
We may make changes to these Terms at any time. The changes we will make will be effective immediately when we post a revised version of these Terms in our Solutions. The date of the "last update" above tells you when these Terms have been last revised. By continuing to use these Solutions after this date, you agree to the changes.
The Solutions are not intended for children under 13, and no one under the age of 13 can use the Solutions. We strongly encourage all parents and guardians to monitor the use of the Internet by their children. If you use the Solutions, you claim that you are at least 13 years old.
Registration and / or account creation
You can browse the Solutions and make transactions without creating an account. You will be required to register and / or create an account to use certain features, such as the ability to reorder a product or food from a previous order. The username of your account is your email address. It must not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your username and password are personal. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your online or offline account. You can not transfer or sell access to your account or use someone else's email address. We will not be liable for any damages related to the disclosure of your password or the use by another person of your username or password. You can not use another user account without the user's permission. You must notify us immediately in writing if you discover an unauthorized use of your account or a security breach of any other account. We may ask you to change your username and / or password if we believe your account is no longer secure or if we receive a complaint that your username violates the rights of another person. You will not have any ownership of your account or your username. We reserve the right to refuse registration, cancel an account or deny access to the Solutions for any reason.
Code of conduct
You agree to abide by all applicable laws, rules and regulations, and agree that you are not authorized to:
Restrict access or prevent others from using the Solutions;
• Use the Solutions for illegal purposes;
• Express or suggest that any of your statements are approved by us without our prior written consent;
• Impersonate any person or entity, real or fictional, including any employee or representative of our company;
• Present (a) any content or information that is unlawful, fraudulent, defamatory, or otherwise objectionable, or infringe on the intellectual property of Solutions or a third party; (b) any confidential information about companies without authorization; or (c) any advertising, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communications;
• Submit, or provide links to, publications that contain material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, obscene, violent, abusive, vulgar, insulting, threatening, harassing, hateful or otherwise objectionable, including images or appearances of individuals under the age of 18, as well as material that encourages or otherwise idealizes drug use (including alcohol and cigarettes), considers violence as something acceptable, prestigious or desirable, or contains contact information or other personal information to identify third parties;
• Submit, or provide links to, publications that contain material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, sex, age or disability;
• Spread spam or participate in hacking activities;
• Collect information about the users of the Solutions;
• Use a password or a participation code in a presale or other offer on the Solutions if you have not received the password or code or if you do not comply with the terms of the offer.
Content Ownership and Conditional Granting Licensing
Solutions and all data, text, drawings and models, pages, screenshots, images, illustrations, photographs, audio and video clips, and HTML code, source or software code that is present or visible or otherwise detectable on the Solutions (collectively, the "Content") is our property or that of our Establishments and / or licensors. We have a copyright on the Solutions and its Content. We may change the Content and functionality of the Solutions at any time.
We grant Establishments, with an Application Fee on each order or a monthly payment for the self-order kiosks, a limited and conditional, non-exclusive, non-transferable license that can not be licensed for sale for the use of Solutions and their Content, as permitted by these Terms for business purposes only. In addition, we grant you the right to use our Solutions if, as a precondition, you agree not to:
• Submit any software or Content that contains viruses, worms, Trojan, malfunctions, a time-sensitive virus mechanism or any other elements of a destructive nature;
• Manipulate identifiers, by forging headers, to conceal the origin of any publication you submit;
• Link to any part of the Solutions other than the URL assigned to the homepage of the websites of the Establishments using the Solutions;
• Create a mirror image of any part of Solutions and websites using the Solutions;
• Modify, adapt, license, translate, sell, make reverse engineering, decompile or disassemble all or any part of the Solutions or make other attempts to derive the source code or ideas from them or algorithms from any part of the Solutions;
• Remove any copyright, trademark or other proprietary rights contained on the Solutions;
• Use a robot, an offline reader, an application or a Solutions search engine or other manual or automatic devices, a tool or a process to recover, index, explore data or in any way reproduce or bypass the structure of Solution navigation or presentation or its contents, including with regard to any captcha test posted on the Solutions. Public search engine operators may use robots to copy the contents of the Solutions for the sole purpose of, and only to the extent necessary to create a publicly available index, but may not explore caches or archives of such content. We may terminate this provision at any time;
• Use any automated software or computer system to search, purchase or otherwise obtain products or food, promotional codes, vouchers, gift cards or other items available on the Solutions, including sending information from your computer to another computer on which such software or system is active;
• Adopt any measure that imposes or may impose (in our sole discretion) an unreasonable or disproportionate burden on our infrastructure;
• Accessing, reloading or refreshing transactional events or Solutions pages, or making other requests to transactional servers more than once in any three-second interval;
• Request more than 1,000 pages of Solutions in any 24-hour period, alone or with a group of individuals;
• Request more than 50 orders from Solutions during any 24-hour period, alone or with a group of individuals;
• Reproduce, modify, display, publicly display, distribute or create derivative works of the Solutions or its contents;
• Use the Solutions or its content, or use devices, programs or services to circumvent any technical measure that effectively controls the access or rights of the Solutions and / or the Content in any way, including, but not limited to, manual or automatic devices or processes for any purpose.
This right is expressly granted under the terms of your pre-existing agreement to comply with each provision described in the Content Property and the Conditional License Granting section. This right can only exist to the extent that you strictly adhere to each of the provisions described in this section. Any use of the Solutions or Content by you or any person acting on your behalf that does not strictly comply with all the provisions of this section goes beyond the scope of this right granted to you in this document, and constitutes unauthorized reproduction, posting, or creation of unauthorized derivative products of the Solutions and its Content, and infringes on our copyrights and other rights derived from the Solutions and its Content. You do not acquire any right of ownership by using the Solutions or its Content.
The registered and unregistered trademarks, logos and service marks displayed on the Solutions are our property or the property of our licensors. You may not use our trademarks, logos, and service marks in any way without our prior written permission. You can inquire about obtaining an authorization by writing to firstname.lastname@example.org:
Sociavore (Sociavore Inc.)
151 Charles St W #100, Kitchener, ON, N2G 1H6, Canada
Attention: Trademark Department, Legal
Forums and User Content
We can organize user reviews, forums, blogs, social media feeds and other forums found on websites that use the Solutions (collectively called "Forums"), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, drawings, or other materials on the Forums or other areas of the Solutions (hereinafter referred to as "User Content").
By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old, and you have obtained the express consent of your parent or legal guardian before submitting the User Content.
You hold all rights in your User Content. If you present User Content on the Solutions, you grant us a worldwide royalty-free, non-exclusive, transferable right, and a license to use, reproduce, modify, create derivative works, distribute, publicly perform and display, archive and market your User Content, in our sole discretion, in all formats and media channels known now or to be discovered thereafter without offering any compensation or acknowledgment to anyone. This license does not affect the ownership of your User Content, including the right to grant further licenses of your User Content, unless it conflicts with these Terms. We are not required to post, display or otherwise use the User Content, or to specify the source of your User Content. You will not make or allow any claim against us, stating that our use of your User Content violates any of your rights.
Statements, opinions and comments posted by Forum participants may be inaccurate, offensive, obscene, threatening or unwelcome. We do not approve and we are not responsible for these publications. We will not be liable for any loss or damage caused by publication or reliance upon this information obtained through publications.
You will be responsible for your User Content and the consequences of publishing it. By submitting User Content, you can confirm to us that (i) you own, or have the necessary permission to display the User Content and License under this section, and (ii) you have the written permission of each person identifiable in the User Content to use the person's name and likeness in the manner provided by the Solutions and these Terms or, if the person is a minor, the written authorization of the parent or legal guardian of the minor person.
We have the right (but not the obligation) to monitor Solutions, Forums and User Content, and to disclose any User Content and the circumstances surrounding its presentation, in order to operate the Solutions properly or to protect our assets, our Partner merchants and our users, or to comply with their legal obligations or governmental requests.
If we are informed that your User Content does not comply with these conditions, we may investigate the allegation and decide to delete your User Content and cancel your account if necessary.
Claims for Copyright Infringement on Solutions
If you believe in good faith that some of the content of the Solutions violates your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your actual or electronic signature, or that of your agent; b) the identification of the copyrighted work on our Solutions whose rights have been infringed (or a representative list if several copyright works are included in a notice); (c) the identification of content whose rights have been infringed or which would be subject to counterfeiting, including information reasonably sufficient to allow us to locate the content on the Solutions; (d) your name, address, telephone number and email address (if available); (e) a statement in which you have a good faith belief that use of the content as described in the complaint is not authorized by you or your agent or the law; and (f) a statement that the information in the Notice is accurate and, under penalty of perjury, that you or your agent are authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been improperly filed against you, you may send us a counter-notice.
Notices and counter-notices should be sent to the Copyright Officer, Sociavore, 151 Charles St W #100, Kitchener, ON, Canada, N2G 1H6. We suggest that you consult your legal advisor before filing a notice or counter-notice.
We cannot prohibit minors from viewing content available through our Solutions, and they must rely on their parents and guardians to decide what content is appropriate to display and purchase. There are parental control protections (such as computer hardware and software or filtering services) that can help you limit access to content that is detrimental to minors. You will find information on Parental Controls at http://getnetwise.org. We do not recommend any of the specific products or services listed in our Solutions.
Access from outside Canada, the United States and Europe
The Solutions are for people in Canada, the United States and Europe. We can not guarantee that the content available on or offered through the Solutions is appropriate or available in other locations. We may limit the availability of Solutions or any product or service described in the Solutions at any time to any person or geographic area. If you choose to access Solutions outside Canada, the United States or Europe, you do so at your own risk.
Rules for lucky draws, contests and games
In addition to these Terms, lotteries, contests, games or other promotions (collectively referred to as "Promotions") submitted through the websites using the Solutions may have rules that are different from these Terms. By participating in a promotion, you must respect these rules. We invite you to review the rules before participating in a promotion. Promotion rules will govern any potential conflict with these Terms.
Rates for messages and data may apply, depending on your rate plan provided by your wireless carrier. We are not responsible for any charges related to text messaging or other wireless communications incurred by you or anyone who has access to your wireless device or phone number. You may not receive our alerts if your operator does not allow text alert messages. Your carrier may not allow you to use prepaid phone plans or other calling plans to receive alerts. We can send you an automated message for each message you send us. This service may not be compatible with all wireless operators or devices.
Violation of these conditions
We may investigate any breach of these terms, including the unauthorized use of the Solutions. We can adopt the legal measures we deem appropriate. You agree that monetary damages may not be sufficient relief and that we may resort to injunctive relief or any other remedy for breach of these conditions. If we determine that you have violated these Terms or the Law, or for any other reason or for no reason, we are entitled to cancel your account, delete all of your User Content and prevent you from accessing these Solutions at any time, without notice. If this happens, you can no longer use the Solutions or any content belonging to it. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for the termination of your access to the Solutions or your account or any related information, and that it is no longer necessary to make the Solutions available to you or your account or any related information. We can also cancel any order of items, and ordered goods. We reserve the right to refuse to honor pending and future purchases made from any accounts that we believe may be associated with you, or cancel an order associated with any person who, in our opinion, acts on your behalf, or exercise any other remedy that the law allows us.
Disclaimer of Warranties
WE PROVIDE THE SOLUTIONS AND ITS CONTENT FOR YOU "AS IS" AND "AS AVAILABLE.” WE TRY TO KEEP SOLUTIONS IN PLACE, ERROR-FREE AND SAFE, BUT USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, APPROPRIATENESS FOR A PARTICULAR PURPOSE, OR WARRANTIES WHICH MAY OCCUR IN TRANSACTIONS OR COMMERCIAL USE. WE DO NOT WARRANT THAT SOLUTIONS ARE ALWAYS SAFE OR ERROR FREE OR THAT THE SOLUTIONS WILL ALWAYS BE IN FUNCTION WITHOUT INTERRUPTION, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU EXEMPT US FROM ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED IN ANY WAY, TO ANY CLAIMS YOU HAVE AGAINST THESE THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A PERSON RESIDING IN CALIFORNIA, YOU WAIVE ARTICLE 1542 OF THE CALIFORNIA CIVIL CODE WHICH STIPULATES: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Limitation of liability
IN NO EVENT SHALL OUR COMPANY OR PARTNER merchants, ADVERTISERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY, AND THEREFORE YOU SHALL GIVE UP AND EXPRESSLY WAIVE ALL YOUR MORAL RIGHTS AND RIGHTS TO ASK FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN RESULT OF ANY TYPE OTHER THAN REASONABLE DISBURSEMENTS, AND ALL RIGHTS TO DAMAGES AND RIGHTS, TO MULTIPLY OR INCREASE DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE SOLUTIONS, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED ON THE SOLUTIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND INDEPENDENTLY ASK WHETHER THE CLAIM IS BASED ON CONTRACT, INJURY OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE HAVE NO RESPONSIBILITY TO (a) BREACH ANY OTHER USER OF THE SOLUTIONS IN ORDER TO COMPLY WITH CODES OF CONDUCT; (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, WHETHER CONTRACTUAL OR DELIBERATE, RESULTING FROM THE USE OF OUR SOLUTIONS; (c) ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND / OR ANY PARTY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION THAT IS SAVED; (d) ALL BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DELAYED VIRAL DEVICES OR OTHER DESTRUCTIVE ELEMENTS THAT MAY BE TRANSMITTED TO OUR SOLUTIONS OR ITS INTERMEDIARY; (e) ANY ERRORS, VAGUENESS, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR; (f) ALL LOST, STOLEN OR DAMAGED PRODUCTS, OR THE FAILURE OF ANY MEDIA TO DELIVER A PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY FOR EXPRESSING YOUR DISCONTENT WITH SOLUTIONS IS TO STOP USING THE SOLUTIONS. THE LIMITATIONS OF THIS SECTION APPLY EVEN IF THE ESSENTIAL PURPOSE OF ANY REMEDY FAILED. AN ESSENTIAL ELEMENT OF THE BASIS OF THE MARKET CONCLUDED BETWEEN US IS BASED ON THE DISTRIBUTION OF RISK BETWEEN US. THE TOTAL AMOUNT OF LIABILITY ARISING FROM THESE TERMS OR FROM THE USE OF THE SOLUTIONS CAN NOT EXCEED MORE THAN ONE HUNDRED (100) DOLLARS OR THE AMOUNT YOU PAID US DURING THE LAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL LAWYERS’ FEES BE CHARGED OR RECOVERABLE.
If anyone makes a claim against us related to your use of the Solutions, your User Content or a breach of these Terms, you agree to defend and indemnify our business and our affiliates, partner merchants, advertisers and suppliers, and each of our agents, distributors, directors, employees and managers, against all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive defense and control of any claim, and you agree to cooperate fully with us to enforce any available defense.
Disputes, including compulsory arbitration and waiver of className action.
Any dispute or claim related in any way to your use of the Solutions, or to products or services sold or distributed by or through us, will be resolved through binding arbitration rather than in court, with the following exceptions:
• You can bring claims to the Small Claims Court if your claims apply;
• If a claim involves the Condition of license granted to you, as described in the Content Ownership and Conditional Granting Licensing section above, either of us may bring a legal action in a court of competent jurisdiction in the district of Québec, the district in which the parties will elect domicile in accordance with the provisions of article 83 of the Civil Code of Québec. Both parties hereby submit to the jurisdiction of these courts; and
• in the event that the arbitration agreement of these Terms is, for any reason, deemed to be unenforceable, any litigation against us (other than actions in the Small Claims Court) shall be commenced in a court of competent jurisdiction in the district of Québec, district in which the parties will elect domicile in accordance with the provisions of article 83 of the Civil Code of Québec. Both parties hereby submit to the jurisdiction of these courts.
The arbitration agreement of these Terms is governed by the laws of the Province of Quebec, District of Quebec, Canada, including its procedural provisions. The Agreement is intended to be interpreted in its entirety and remains in effect after the termination of these Terms. The arbitrator, and not a federal court or agency, or a Province or State, retains the exclusive authority, to the extent permitted by law, to resolve all disputes arising or relating to the interpretation, the enforceability, or formation of this Agreement including, but not limited to, any allegation that all or any part of this Agreement is invalid or may be void. There is no judge or jury in the arbitration, and the review by a court of an arbitral award is limited. However, the arbitrator may grant the same damages and remedies as a court (including an injunction and declaratory judgment or statutory damages) on an individual basis, and he or she must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your application to: Sociavore Inc.,151 Charles St W #100, Kitchener, ON, N2G 1H6, Canada Attention: Legal Service.
Each of us agrees that the arbitrator can not group more than one claim, and cannot otherwise preside over any form of className action, and that any dispute settlement proceeding will be conducted solely on an individual basis and not in the form of a className action or action on behalf of an association.
You agree to waive any right to a jury trial or to participate in a className action. If this specific provision proves inapplicable, then the entire arbitration section will be null and void, and neither party will have the right to arbitrate the dispute.
You agree that these Terms govern the evidence that involves trade between different states and provinces and that the action be construed in accordance with the laws of the Province of Quebec, District of Quebec, Canada, to the extent practicable.
If you have any questions, comments or complaints about these Terms or our Solutions, please contact us at:
Sociavore (Sociavore Inc.)
151 Charles St W #100, Kitchener, ON, N2G 1H6, Canada