PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY ELECTRIC COURAGE. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE MOBILE APPLICATION AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY ELECTRIC COURAGE (COLLECTIVELY WITH THE APPLICATION, THE "SERVICE").
Acceptance of Terms
By registering for, downloading any applications or widgets and/or using the service in any manner, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate Electric Courage's Privacy Policy. These Terms of Use apply to all users of the service, including, without limitation, users who are contributors of content, information, and other materials or services on the applications, individual users of the service, and venues that access the service. By accepting the Terms of Use you also verify that you are of the age of majority or older in your jurisdiction of residence.
Access
Subject to these Terms of Use, Electric Courage may offer to provide the services, as described more fully on the website, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Electric Courage performs for you, any applications or widgets offered by Electric Courage that you download from the application or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by Electric Courage, as well as the offering of any materials displayed or performed on or through the services (“content”).
Registration and Eligibility
You may browse the application and view some content without registering, but in order to use certain aspects of the service, you are required to register with Electric Courage and represent, warrant and certify that you provide Electric Courage with accurate, truthful, and complete registration information (including, but not limited to your name, e-mail address and password you will use to access the service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Electric Courage account.
You shall not:
- provide any false personal information to Electric Courage or create any account for anyone other than yourself without such person's permission; or
- use an account that is the name of another person with the intent to impersonate that person.
Electric Courage reserves the right to refuse registration of, and/or cancel an account in its sole discretion. You are solely responsible and liable for activity that occurs on your account.
You represent and warrant you are of legal age to form a binding contract. The service is not available to individuals who are younger than the age of majority in their jurisdiction of residence. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules, and regulations applicable to you and the right to access the service is revoked where these Terms of Use or use of the service is prohibited and, in such circumstances, you agree not to use or access the application or services in any way.
Content
All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated the content. Electric Courage cannot guarantee the authenticity of any content, which users provide about themselves. You acknowledge that all content accessed by you using the service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
The service contains content specifically provided by Electric Courage or its partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the service.
Subject to these Terms of Use, Electric Courage grants each user of the application and/or service a worldwide, non-exclusive, non-sublicensable, non-transferable, revocable license to use the content, solely for personal use. Any content for other than personal, non-commercial use is expressly prohibited without prior written permission from Electric Courage, or from the copyright holder identified in such content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any content for commercial (whether or not for profit) use or in any way that violates any third party right.
User Submissions
By submitting information on the application or otherwise through the service you grant Electric Courage a worldwide, non-exclusive, royalty free, sub-licensable, fully paid and transferable right to use, copy, edit, modify, distribute, and display the user submission, and you hereby waive any moral or other author’s rights you may have in such user submission. User submissions may be used in connection with promoting the application or in the service of other media formats including third party websites and feeds.
When you delete content, you understand that it may persist in backup copies for a reasonable period of time, however this will not be available to others on the application.
You understand that all information posted publicly or privately transmitted through the application is the sole responsibility of the person from whom the content originated. Electric Courage is not liable for such content and cannot guarantee the identity of any other users with whom you may interact with on the application.
Rules and Conduct
As a condition of use, you promise not to use Electric Courage for any purpose that is prohibited by the Terms of Use. You are responsible for all of your activity in connection with the application, including any activity resulting from unauthorized access of your account.
- You will not post or send unauthorized commercial communications (including spam) on Electric Courage
- You will not collect users' content or information, or otherwise access Electric Courage, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our written permission
- You will not access an account belonging to someone else
- You will not post any content that is threatening, abusive, unlawful, harassing, deceptive, fraudulent, obscene, vulgar, offensive, profane or otherwise inappropriate as determined by Electric Courage in its sole discretion
- You will not post any content that violates or infringes someone else’s rights, or otherwise violates the law
- You will not impersonate any person or entity on Electric Courage
- You will not interfere or attempt to interfere with proper working of the application or service, or any activities conducted on the service
- You will not modify, translate, or otherwise create derivative works of any part of the application
- You will not breach or encourage violations of the Privacy Policy and/or these terms of Use
Electric Courage has no obligation to monitor the application, service or content. Electric Courage reserves the right to remove, suspend, edit or modify any content in its sole discretion. This includes user submissions and may occur at any time, without notice to you and for any reason at the sole discretion of Electric Courage. Electric Courage reserves the right to access, read, preserve and disclose any information that Electric Courage reasonably believes necessary to:
- Satisfy any applicable law, regulation, or government request
- Enforce the Terms of Use
- Detect, prevent, and address fraud or security issues
- Respond to user support requests
- Protect the rights and safety of Electric Courage and its users
Third Party Sites and Services
Electric Courage may permit you to link to other websites or resources on your application or through our website. When you access third party websites and resources you do so at your own risk. Other websites are not under the control of Electric Courage, and you acknowledge that Electric Courage is not responsible or liable for the content, functions, legality, appropriateness, or any other aspects of the website or service. You further agree that Electric Courage shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods or services available through any such website or resource.
Termination
Electric Courage may terminate access to all or any part of the application and/or service at any time, with or without cause, and with or without notice. This may result in forfeiture and destruction of all information associated with your membership with the application.
If you wish to terminate your account you may do so by following the instructions provided on the application and/or website.
Warranty Disclaimer
THE SERVICE AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS, IMPLIED OR COLLATERAL. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ELECTRIC COURAGE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Electric Courage does not warrant the accuracy and completeness of the content or services. Electric Courage also does not warrant that any functions of the service will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes it available is free from viruses or other harmful components. Some jurisdictions may not allow the exclusion of an implied warranty or condition so some of the above exclusions may not apply to you in all circumstances.
Save to the extent required by law, Electric Courage has no special relationship with or fiduciary duty to you. You acknowledge that Electric Courage has no control over, and no duty to take any action regarding which users gain access to the service; what content you access via the service; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.
The service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Electric Courage makes no representations concerning any content contained in or accessed through the service, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the service.
Electric Courage makes no guaranty of confidentiality or privacy of any communication or information transmitted on the service. Electric Courage will not be liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other content stored on Electric Courage's equipment, transmitted over networks accessed by the application, or otherwise connected with your use of the service.
Limitation of Liability
IN NO EVENT WILL ELECTRIC COURAGE OR ITS AFFILIATES ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SERVICES, OR FROM YOUR DOWNLOADING OF ANY CONTENT FROM THE SERVICE, EVEN IF ELECTRIC COURAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. NEITHER ELECTRIC COURAGE NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OR YOUR ACCESS TO, OR USE OF, THE SERVICES OR CONTENT. Some jurisdictions may not allow a limitation or exclusion on damages, so the above may not apply in all circumstances.
Indemnification
You agree to defend, indemnify, and hold harmless Electric Courage and its subsidiaries and other affiliated companies, and its and their respective employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable legal fees, that arise from (1) use or misuse of the services or any person to whom you have granted access to the services, (2) your violation of any of these Terms of Use, or (3) any other activity related to your account (including negligent or wrongful conduct). Electric Courage reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Electric Courage and its counsels in the conduct of such defense.
Governing Law
The terms herein shall be governed by and construed in accordance with the laws of the province of Ontario, exclusive of its choice of law rules. The sole jurisdiction and venue for any legal proceeding will be the courts located in Toronto, Ontario. In the event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.
Changes to Terms of Use
Electric Courage may from time to time revise these Terms of Use by updating this posting. Please visit this page periodically to review the current Terms of Use because they are binding on you. Your continued use of the Services and content will mean you accept any changes.
Effective Date: 08/17/2011
