Terms and Conditions
Effective Date: September 3th, 2020
1. User's Acknowledgment and Acceptance of Terms
2. Description of Services
We make various types of services available through our Website and Applications including, but not limited to, content curation, news aggregation, news personalization, email digests, push notifications, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer or mobile device, and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Services.
You may use the Services without registration, but in order to take advantage of some aspects of the Services, you will need to register for an account. In order to access some of the Services, you may be required to create an account having a user-name and password by completing our registration form, and providing the necessary registration information (the "Registration Data"). By registering, you agree that all Registration Data you provide to us is true and accurate and that you will maintain and update this information in order to keep it current, complete, and accurate. You are responsible for maintaining the confidentiality of your Registration Data, including your user name and password. We are not responsible for any misuse of your account by third parties with whom you have shared your Registration Data, and you agree to indemnify us and hold us harmless for any claims that may be made against us arising from the use of your account by others with whom you have shared your Registration Data as if such use were your own.
Our Services include a tool that allows you to sign into your account using information (such as your user name and password) from your account(s) with third-party services, such as Facebook, Twitter, Google, or Evernote. Please be aware that such third-party services are unrelated to Expulp, and that your use of any third party-services is subject to the terms and policies of those services. If you access the Services through a third-party service, you are allowing Expulp to access data in your third-party service account. You represent and warrant to us that you are entitled to disclose your third-party service account login information to us and/or grant us access to your third-party service account without breach by you of any of the terms and conditions that govern your use of the applicable third- party service, and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.
YOU ACKNOWLEDGE AND AGREE THAT YOUR RELATIONSHIP WITH THE THIRD- PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY SERVICE ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY SUCH THIRD PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD PARTY SERVICE ACCOUNTS.
4. Third Party Websites and Information
You may be able to access, review, display or use third party applications, websites, services, products, content or information via our Services, or our Services may otherwise include references or links to content, information, documents, software, materials and/or services provided by other parties ("Third-Party Materials"). These Third-Party Materials are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, validity or any other aspect of the content of such Third-Party Materials, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of a link or reference to Third-Party Materials does not imply our endorsement of, or association with, the Third-Party Materials or the third party, or any warranty of any kind, either express or implied. Expulp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Materials. You acknowledge sole responsibility for and assume all risk arising from your access to, use of, or reliance upon any Third-Party Materials. You further assume all responsibility for any charges you may incur for accessing any Third-Party Materials.
In some cases, our Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third-party tools if you agree to their respective terms and policies.
5. Intellectual Property Information
6. User Content
You may share and upload content, submit to public forums, enter contests and sweepstakes, and/or participate in programs through your use of the Services. Your photos, videos, text and other information that you post, upload and share through the Services, including any derivatives thereof, and including sub-domains and user names you may establish, are referred to herein collectively as "User Content." For avoidance of doubt, User Content also specifically includes all content that we may automatically post on your behalf either on the Site, or on your linked social media accounts that is captured and posted by us based on the rules you agree to and specify through the Services. You hereby grant Expulp and its users a non-exclusive, irrevocable, perpetual and worldwide license to use, view, display, adapt, republish, copy, store, publically distribute and/or perform your User Content, including your screen name and including any intellectual property contained therein, in any medium now known or hereinafter developed, without payment or compensation to you and without seeking any further approval from you, as part of the Services, or in support of the Services, including our use thereof in connection with our advertising and marketing of the Services.
Expulp reserves the right to remove any User Content that it deems in its sole discretion to infringe the copyrights, trademarks, brands or other intellectual property rights of third parties without notice to you and without liability to you at any time.
7. Acceptable Use Policy.
You are solely responsible for the User Content that you post on the Services or transmit to other users and agree that you will not hold Expulp responsible or liable for any content you access from other users of the Services.
Without limitation, you agree you will not post or transmit to other users any User Content that:
1. is defamatory, abusive, obscene, profane or offensive;
2. infringes or violates another person intellectual property rights (including posting music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Services);
3. violates any party's right of publicity or right of privacy;
4. is threatening, harassing or that promotes racism, bigotry, hatred, terrorism, physical harm or discrimination of any kind against any group or individual;
5. promotes or encourages violence or contains sexually explicit material;
6. is inaccurate, false or misleading in any way;
7. is illegal or promotes any illegal activities;
8. contains personal information of any party such as phone numbers, addresses, car registration numbers, social insurance numbers, etc;
9. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
10. contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You understand that when using the Services, you will be exposed to content from a variety of sources, and that Expulp is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, or do not wish to take this risk, you should not use the Services.
You may not resell or re-package the use of, or access to, the Services to any third party.
You may not interfere with or disrupt the integrity or performance of our Services, any portion or content thereof, or related systems or networks, or use the Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition, you may not modify, translate, adapt, merge, disassemble, decompile, reverse compile or reverse engineer, or otherwise interfere with or damage any part of the Expulp platform, including our Website, Applications and Services, including the Expulp server infrastructure. You agree not to sell, resell, reproduce, re-package, duplicate, copy or use for any commercial purposes any portion of the Services.
8. Unauthorized Use of Materials
Neither we nor our Affiliates warrant or represent that your use of content you may access through our Services will not infringe the rights of third parties.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your copyright, trademark or other property rights have been infringed by content posted on our Website, or accessed through our Services, you should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the content that you claim is infringing the copyrighted work.
3. Provide information reasonably sufficient to permit us to contact you (email address preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the account allegedly infringing the copyrighted work (email address preferred).
5. Include a statement that you have a good faith belief that the use of the copyrighted materials you are reporting as infringing is not in fact authorized by the copyright owner, its agent, or by law.
6. Include a statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that has been allegedly infringed.
7. Sign the notification.
8. Send the written communication to here: [email protected]
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified content from our Services without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the appropriate authorities.
9. License to Use Our Applications
Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store, Windows Store, Google Play marketplace or any similar store or marketing place, you agree to comply with all applicable terms of the relevant App Store.
You may not use or otherwise export or re-export our Applications except as authorized by Canadian law and the laws of the jurisdiction in which our Applications were obtained. By using each of our Applications, you agree that you will not use these products for any purposes prohibited by Canadian law.
10. Disclaimer of Warranties
EXPULP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES RENDERED. ALL OUR SERVICES AND MATERIALS ON OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXPULP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAWS), (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, PRODUCTS, OR CONTENT OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
OUR SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE EXCUSED FROM LIABILITY FOR DISCONTINUATION, NON-DELIVERY, DELAY IN DELIVERY OR IMPOSING LIMITS ON THE USE OF OR ACCESS TO THE SERVICES OR ANY PART THEREOF FOR ANY REASON.
THE USE OF THE SERVICES OR THE DOWNLOADING OF EACH OF OUR APPLICATIONS OR ANY OTHER ACQUISITION OF ANY MATERIALS THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of our Services, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user personalization settings or communications.
11. Limitation of Liability
13. Participation in Promotions
From time to time, our Services may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products through our Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
14. International Use
Although our Services may be accessible worldwide, our Services are hosted on servers located primarily in the United States, and in other countries, and are controlled and operated primarily within Ontario, Canada, and in other countries. We make no representation that content or materials available through our Services are appropriate or available for use where you are located, and accessing them from territories where their contents are illegal is prohibited. By choosing to access our Services, you are responsible for compliance with all applicable local laws, including local laws regarding online conduct and content, as well as applicable export laws and regulations.
15. Termination of Use
Upon termination or suspension, regardless of the reasons therefor, your right to use the Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information in your account and/or bar any further access to such information or our Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
17. Governing Law and Arbitration
Those who use the Site or Services from other jurisdictions do so at their own volition and risk and are responsible for compliance with all applicable local laws.
Any dispute or claim arising out of, or in connection with, these Terms and Conditions shall be finally settled by binding arbitration in Ontario, Canada, in accordance with Arbitration Act, 1991, S.O. 1991, c. 17 (the "Arbitration Act, 1991"). The arbitrator shall apply the law of Ontario, Canada, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. The arbitration can resolve only your and/or our individual claims, and the arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated. In the event that the forgoing arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms and Conditions shall be brought and heard in a court located in Ontario, Canada. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.
18. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
19. Limitations Period
21. Entire Agreement
If any provision of these Terms is found to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions will continue to be in full force and effect.
Our Services are not directed nor offered to individuals under the age of 13. By accessing or using the Services you represent and warrant that you are 18 years old or older, or if you are under 18, but no younger than 13 years, that you have a parent's or guardian's permission to access or use our Services.
NOTICE TO PARENTS: SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. PLEASE CONSIDER THIS BEFORE GRANTING ANY MINOR CHILD OF YOURS PERMISSION TO USE OUR SERVICES.
23. Contact Information