Terms of Service

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Who Can Use the Services


No one under 18 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you are warranting (promising) to us that:

  • You can form a binding contract with Spontivly
  • You are not a person who is barred from receiving the Services under law.
  • You are not a convicted sex offender.
  • You will comply with these Terms and all applicable local, provincial, state, national, and international laws, rules, and regulations.




Rights We Grant You


Spontivly grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services for your own personal use, including the right to download and install our App to your personal mobile device for that purpose. This license is subject to Terms and our usage policies, as published on our Site from time to time, allow. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you create derivative works from, reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.




Rights You Grant Us


Our Services may let you create, upload, post, send, receive, and store content. If you do that, you retain whatever ownership rights in that content you had to begin with. For all content you submit to the Services you grant Spontivly and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. Where content could reasonably be considered to be intended as public content, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display that content in any form and in any and all media or distribution methods (now known or later developed). While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service. The Services may contain advertisements. In consideration for Spontivly letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content. We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.




The Content of Others


Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Spontivly reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services. Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or guidelines.




Privacy


Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Spontivly can collect, use, and share your information consistent with that policy.




Respecting Other People’s Rights


Spontivly respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:

  • violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
  • bullies, harasses, or intimidates.
  • defames.
  • spams or solicits our users.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.




Safety


We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:

  • You will not use the Services for any purpose that is illegal or prohibited in these Terms.
  • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
  • You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
  • You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  • You will not use or attempt to use another user’s account, username, or password without their permission.
  • You will not solicit login credentials from another user.
  • You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
  • You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
  • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
  • You will not probe, scan, or test the vulnerability of our Services or any system or network.
  • You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.




Your Account


You are responsible for any activity that occurs in your Spontivly account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. By using the Services, you agree that, in addition to exercising common sense:

  • You will not create more than one account for yourself.
  • You will not create another account if we have already disabled your account, unless you have our written permission to do so.
  • You will not buy, sell, rent, or lease access to your Spontivly account, Snaps, a Spontivly username, or a friend link without our written permission.
  • You will not share your password.
  • You will not log in or attempt to access the Services through unauthorized third-party applications or clients.




Data Charges and Mobile Phones


You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.




Third-Party Services


If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Spontivly is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.




Modifying the Services and Termination


We may add or remove features, products, or functionalities to the Services at any time, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. You can terminate these Terms at any time and for any reason by deleting your account. Spontivly may also terminate these Terms with you at any time (including without litigation any licenses granted to you under them), for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and Spontivly continue to be bound by Sections 3, 6, 9, 10, and 13-22 of the Terms.




Indemnity


You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Spontivly, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.




Disclaimers


We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE SPONTIVLY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. SPONTIVLY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH SPONTIVLY WILL BE RESPONSIBLE FOR.




Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONTIVLY AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SPONTIVLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SPONTIVLY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID SPONTIVLY, IF ANY, IN THE LAST 12 MONTHS.




Exclusive Venue


The provincial and federal courts located in Edmonton, Alberta, Canada shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. You and Spontivly consent to the personal jurisdiction of both courts.




Choice of Law


This Agreement shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to any conflict of laws principles.




Severability


If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.




Additional Terms for Specific Services


Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.




Final Terms


  • These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Spontivly, and supersede any prior agreements.
  • These Terms do not create or confer any third-party beneficiary rights.
  • If we do not enforce a provision in these Terms, it will not be considered a waiver.
  • We reserve all rights not expressly granted to you.
  • You may not transfer any of your rights or obligations under these Terms without our consent.




Contact Us


Spontivly welcomes comments, questions, concerns, or suggestions. If you have any questions or concerns regarding this Terms of Service, please send a detailed message to: support@spontivly.com or Spontivly, Inc. Roundhouse Co-working Space Allard Hall, MacEwan University, 11110 104 Ave NW, Edmonton, AB T5K 1M9. We will make every effort to address and resolve your concerns.





Last Modified: July 24, 2019

 

 

Welcome!

By using any of the Spontivly mobile applications (“App”) or our website or any of our other products or services that link to these Terms (together the “Services”), you agree to the Terms. Of course, if you don’t agree with them, please do not use the Services.

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