Terms of Service
Terms of Service - Business Users
EMOGGO INC. TERMS OF SERVICE
The following terms and conditions (collectively, these “Terms of Service“) apply to you, (the “Business User”), and define your relationship with Emoggo Inc. (“Emoggo”), your use of any content, functionality and/or services offered on or via our assets, including the website (the “Site”) and mobile application (the “App”).
YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE SITE.
1. Services and Compensation:
(a) Services: Emoggo shall provide a business and/or event listing (“Listing”) for Business Users on the Emoggo App along with mobile marketing services, such as mobile messaging, event and contest participation if purchased or requested (collectively, the “Services”) for Business User’s products and services through Business User’s Listing whereby users of the App (“App Users”) may access information.
(b) Fees: If you agree to pay the fee for access to the applicable Emoggo Services, such fee will be charged by the company designated by Emoggo to the credit card that you provided on the Site. All prices stated on the Emoggo Websites are not inclusive of any applicable sales taxes and fees.
(c) Donations: In addition to the Services described above, Emoggo permits Business Users to contribute to certain charitable causes or community organizations (the “Community Partners“) through the Platform. You understand and acknowledge that Emoggo is not a professional charitable organization, notwithstanding any affiliates that may qualify for charitable status. All Donations are at your own risk. When you make a Donation through the Services, it is your responsibility to understand how your money will be used. Emoggo is not responsible for any offers, promises, rewards or promotions made or offered by the Community Partners. We do not and cannot verify the information that the Community Partners supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by the Community Partners. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Community Partners, as applicable.
2. Business User Obligations:
(a) Eligibility: In order to be eligible for a Listing on the App, a Business User must possess the following qualifications (“Qualifications”), including, but not limited to:
(i) The Business User must be involved in the delivery of products and/or services and/or activities or programs;
(ii) The Business User must be registered as an entity with the appropriate government agencies, either profit or non-profit;
(iii) The Business User must conduct its business operations within the geographic region designated by Emoggo as an active Service Area.
(b) Qualifications: Business User understands that in order to have a Listing, they must, in Emoggo’s sole determination, have the required Qualifications. Emoggo expressly reserves the right to change the Qualifications without prior notice to Business User and Business User agrees to, upon notice from Emoggo, promptly provide Emoggo with any further evidence requested by Emoggo to demonstrate that Business User satisfies the then-in-force required Qualifications.
(c) Business User Responsibilities: Business Users may use the Site or App for lawful purposes only. You may not use the Site or App in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or App. You may not attempt to gain unauthorized access to the Site or other Users’ accounts or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
i. copy, modify, adapt, translate, distribute, download, transmit or reverse engineer any portion of the Site or App, its content, materials, security technology;
ii. reformat or frame any portion of the web pages that are part of the Site or deep link to any pages of the Site, unless expressly authorized by Emoggo to do so;
iii. engage in activity that involves the use of viruses, worms, or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or network;
iv. remove notices of any copyright, trademark or other proprietary rights contained in or on the Site or in any content or other material obtained via the Site;
v. provide or use tracking or monitoring functionality in connection with the Site, including, without limitation, to identify other Business User or App Users’ views, actions or other activities;
vi. impersonate or attempt to impersonate Emoggo or an Emoggo employee, administrator or moderator, another Business User or App User, individual or entity (including, without limitation, through the use of email addresses associated with or of any of the foregoing);
vii. use any automated device, process or means to access, harvest, retrieve or index any portion of or content from the Site, and/or other data;
viii. violate or attempt to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any third party;
ix. defame, threaten, libel or harass or advocate the harassment of another person or entity;
x. promote or otherwise incite racism, bigotry, hatred or physical harm of any kind against any group or individual;
xi. request, collect or store financial or contact data or other personal information from another Business User or App User other than as expressly permitted by Emoggo; or
xii. use the Site in a manner inconsistent with any and all applicable law.
Emoggo reserves the right to terminate the account of any Business User who engages in any of the foregoing, or for any other reason in its sole discretion. Emoggo may take any appropriate legal action, including, without limitation, referral to law enforcement and the implementation of any technical remedies, including without limitation, termination of the account of any Business User to prevent the violation of this provision and to enforce the Terms of Service.
(e) Content: Each Business User shall provide Emoggo with content (“Content”) to include in its Listing according the following procedure:
(i) Each Business User shall create an account (“Account”) on the Site and provide the organization profile that may include business name, address, telephone number, website or social URL, general information email address, hours of operation and a description of the business;
(ii) Emoggo reserves the right to refuse to include Content in the Listing or to remove Content from the Listing in its sole discretion and without prior notice to Business User(s). You are entirely responsible for all Content that you post or otherwise make available via the App. In addition, you acknowledge and agree as follows:
i. You are solely responsible for your Listing Content;
ii. You may not post, distribute, transmit or reproduce in any way any material subject to copyright, trademark or other third party proprietary rights without obtaining the prior written consent of the owner of such rights or which otherwise infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any third party;
iii. You may not provide Listing Content that falsely expresses or implies that such content, in whole or in part, is sponsored or endorsed by Emoggo;
iv. You may not provide any Listing Content that is unlawful or that promotes or encourages illegal activity;
v. You may not provide any Listing Content that is pornographic, obscene, profane, sexually explicit, violent or otherwise patently offensive;
vi. You understand and agree that Emoggo may review and delete any Listing Content that in the sole judgment of Emoggo violates the Terms of Service or which might be offensive, illegal or that might violate the rights of, harm or threaten the safety of other Business Users, App Users, or third parties;
vii. You agree that you will not provide Listing Content that purposely contains false, incomplete, inaccurate or misleading information; and
Emoggo reserves the right to investigate and take appropriate remedial action in its sole discretion against anyone who violates these provisions, including without limitation removing the offending Content from the App, terminating the account of and blocking use of the Site and App by such violator or violators, and/or reporting such Content or activities to law enforcement authorities. Emoggo shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Listing content that is available via the Service, for violating the letter or spirit of the Terms of Service or for any other reason. If you have a question as to why your Listing Content was not published on the App or was removed from the Site or App, please contact us at: email@example.com.
(g) Listing Offerings: The Business User agrees to offer the products or services as described in the Listings. In the event that any changes to the Listings are required or the products or services contained in a Listing must be edited or removed, Business User agrees to promptly update the information in it’s Listing accordingly.
(h) Taxes: The Business User shall be responsible for all sales, use, consumption, value added, goods and services and similar taxes which are based upon the delivery of the products or services associated with a Listing or the Services to be provided under this Agreement.
3. Description of Services:
(a) Listing: Emoggo will provide a Listing of each Business User’s business, which may include items such as description of the business, contact information, and the hours of operation.
(b) Process: Business Users must visit the Site and create a member profile (“Business User Profile”), including, but not limited to the information set out in Section 2 (e). Once the Business User Profile has been submitted, Business User may enter all of the details on the products and/or services that Business User offers. All information entered in the Business User Profile is immediately published on the App.
(c) Registration: As part of the registration process, the Business User will create a username and password for your account on the Site. The username and password that are provided are your credentials for accessing certain services available on the Site (“Credentials”). You warrant that all information provided during the registration process is accurate and complete. You are entirely responsible for maintaining the confidentiality of your Credentials. You are prohibited from using the account, username, email address or password of another User at any time and from allowing anyone else to use your Credentials. If at any time you suspect any unauthorized use of your Credentials, you agree to notify Emoggo immediately by emailing us at: [firstname.lastname@example.org]. You are solely responsible for any and all use of your Credentials. Emoggo reserves the right to revoke a User’s username and to provide the User with an alternative username.
(d) Refunds: For seven (7) days following payment from the Business User for Services, Emoggo will provide a full refund of the applicable fee minus a $25.00 CDN administration fee. After this period, we are unable to offer refunds. Absolutely no exceptions whatsoever will be made to this policy.
(e) Chargebacks: In the event that the Business User cancels a Service via a credit card chargeback after the refund period has expired, Business User agrees to promptly reimburse Emoggo for any associated charges.
4. Term and Termination:
(a) Term: This Agreement will become effective in relation to you when you create an Emoggo account and will remain effective until terminated by you or Emoggo.
(b) Termination: Emoggo reserves the right to terminate this Agreement and/or suspend your Emoggo account at any time in case of unauthorized, or suspected unauthorized use of the Emoggo Service whether in contravention of this Agreement or otherwise. If Emoggo terminates this Agreement, or suspends your Emoggo account for any of the reasons set out in this section, Emoggo shall have no liability or responsibility to you, and Emoggo will not refund any amounts that you have previously paid. You and Emoggo may terminate these Terms of Service and your use of the Site and App at any time. When your account on the Site is terminated, any Content you have uploaded to the Site and App may remain on the Site and App. In addition, we may retain an archival copy of your Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
(c) Survival: This Section 4 (Term and Termination), Section 2 (Your Obligations) and Section 5 (Miscellaneous) will survive the termination or expiration of this Agreement.
(a) Changes: We may change the Terms of Service at any time, as we reasonably deem appropriate. Upon any change in the Terms of Service, we will post the amended agreement on the Site. Your continued access and/or use of the Site following such posting shall constitute your affirmative acknowledgement of the modification and your agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept the Terms of Service, including following such posting or notification of any modifications hereto, then you agree to no longer access or use the Site.
(b) Changes to Services: Notwithstanding any provision of the Term of Service, we reserve the right, without notice and at our sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site; (c) change, suspend or discontinue any aspect of the Site; and (d) impose limits on the Site.
(c) Emoggo’s Proprietary Rights: Except for the Business User’s Content, all of the content available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by Emoggo and/or a third party and is protected, as applicable, by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. The Business User acknowledges that the Site and any underlying technology or software used in connection with the Site contain Emoggo’s proprietary information. Emoggo authorizes the Business User to use the aforementioned content only in connection with the Site and does not transfer any intellectual property rights to the Business User by virtue of this permission. The Business User may print, download and store information from the Site for their own convenience, but may not copy, distribute, republish, sell or exploit any of the content or the Site, in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Emoggo does not grant you any express or implied rights other than those expressly provided herein, and all rights in the Site not expressly granted by Emoggo to you are reserved by Emoggo.
(d) Waiver: Any waiver of the provisions of this Agreement or of a party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed as a waiver of such party’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party’s right to take subsequent action. No exercise or enforcement by either party of any right or remedy under this Agreement will preclude the enforcement by such party of any other right or remedy under this Agreement or that such party is entitled by law to enforce.
(e) Severability: If any provision, or portion thereof, in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the parties shall endeavour in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on such an amendment, such provision, or portion thereof, will be severed from the remaining provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
(g) Publicity: Business User agrees and acknowledges that Emoggo has the right to reasonably reference, display, use and include Business User’s name, trademarks, service marks and logos in press releases, marketing brochures, prospectuses, advertisements, promotional materials, promotional web pages, trade shows, Business User demos and other events and presentations, business plans, and the like and may identify Business User as an Emoggo Business User with a brief general description of the Parties’ relationship hereunder. For certainty, however, Emoggo may not use such names, marks and logos in any way akin to use in association with the offer for sale/license of products or services in commerce in the traditional manner in which such names, marks and logos are used in commerce.
(h) WARRANTY & WARRANTY DISCLAIMER: THE SITE AND APP ARE PROVIDED “AS-IS,” WITH “ALL FAULTS” AND “AS AVAILABLE.” EMOGGO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OUT OF A COURSE OF DEALING OR USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE SERVICES AND THE SITE OR APP, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT AND NO OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE, OR SUBCONTRACTOR OF CONSULTANT IS AUTHORIZED TO DO SO.
(i) LIMITATION OF LIABILITY: IN NO EVENT SHALL EMOGGO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS OR REVENUE, LOST SAVINGS, LOST BUSINESS, LOST DATA, LOST GOODWILL, LOSS FROM WORK STOPPAGE, COSTS OF OVERHEAD, COSTS OF COVER OR LOSS OF ANTICIPATED BENEFITS HEREUNDER, ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF EMOGGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. EMOGGO’S CUMULATIVE DIRECT DAMAGES HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF THE FEES PAID TO EMOGGO OR PAYABLE UNDER THIS AGREEMENT IN THE PRIOR TWELVE (12) MONTH PERIOD.
(j) Indemnity: Business User will indemnify, defend, and hold harmless Emoggo and its directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with (i) damage to property or bodily injury (including death), sustained by a User, his or her representative or any third party to whom Business User may become liable as a result of any breach, negligent act or omission or willful default on the part of Business User or its representatives arising either directly or indirectly from its performance (or non-performance) of any obligations under this Agreement or in the course of its delivery of any product or service or other activity associated with a Listing; (ii) any negligent, reckless, or intentionally wrongful act of Business User or Business User’s assistants, employees, or agents; (iii) any breach by Business User or Business User’s assistants, employees, or agents of any of the covenants, warranties, or representations contained in this Agreement; (iv) any failure of Business User to deliver any products or services or other activity associated with a Listing in accordance with all applicable laws, rules, and regulations; or (v) any violation or claimed violation of a third party’s rights resulting in whole or in part from display of Business User’s Listing on the App.
(k) Force Majeure: Nonperformance of either party of its obligations other than payment obligations shall be excused to the extent that performance is rendered impossible by events of force majeure including strike, fire, flood, systemic failure of the Internet, earthquake, hurricane, tornado, governmental acts, orders or restrictions, or any other reason where failure to perform is beyond the reasonable control of the non performing Party provided that such party must make commercially reasonable efforts to circumvent such events of force majeure.
(l) Interpretation: In this Agreement: (i) all capitalized derivative forms of defined terms and phrases have meanings that correspond to the defined terms and phrases; (ii) the words “include”, “includes” or “including” mean “include without limitation”, “includes without limitation”; and “including without limitation” respectively; (iii) the use of separate sections, exhibits and schedules, this Agreement’s title and the insertion of headings, is for convenience of reference only and will not affect their construction or interpretation; (iv) words or abbreviations which have well known or trade meanings are used in accordance with their recognized meanings; and (v) references to currency are references to Canadian funds unless otherwise explicitly stated.
(m) Electronic Contracting and Notice: Your affirmative act of using this Site and/or registering for the Site or registering for a Listing constitutes your electronic signature to the Terms of Service and your consent to enter into agreements with us electronically.
(n) Choice of Law and Dispute Resolution: The Terms of Service and relationship between you and Emoggo shall be governed by the laws of the Province of Ontario and Canada as apply therein without regard to its conflict of law provisions. You and Emoggo agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario, Canada.
(o) Language: The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s’y rattachant, y compris tous avis, annexes et autorisations s’y rattachant, soient rédigés en langue anglaise seulement.
(p) Assignment: We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Terms of Service to anyone else and any attempt to do so shall be null and void.
Last updated: March 31, 2018
Copyright © 2019 Emoggo Inc. All rights reserved.
Terms of Service - App Users
TERMS OF SERVICE
The following terms and conditions (collectively, these “Terms of Service“) define your relationship with Emoggo Inc. (“Emoggo”) and apply to your use of Emoggo including, but not limited to, any content, functionality, and services offered on or via Emoggo’s mobile application (the “App”).
YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE APP.
1. CHANGES TO THE TERMS OF SERVICE.
We may change these Terms of Service at any time, as we reasonably deem appropriate. Upon any change in these Terms of Service, we will post the amended Terms of Service on the Emoggo website (www.emoggo.com). Your continued access and/or use of the App following such posting shall constitute your affirmative acknowledgement of the modification(s) and your agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept the Terms of Service, including following such posting or notification of any modifications hereto, then you agree to no longer access or use the App.
2. THE APP AND LISTINGS.
The App is a mobile platform to view and share listings for local businesses and events. The App connects individuals (“App Users”) looking for events and businesses in their area (“Listings”) with individuals and organizations running or hosting such events or businesses (“Business Users”). Emoggo does not host or run any of the Listings. Through the App, Emoggo serves as an intermediary between App Users and Business Users. All Listings are the sole responsibility of the Business User. Emoggo is not responsible for Listings or Content made available through the App. The App may contain links to other websites, which are completely independent of the App. Emoggo makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site or in any of the Listings. Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with the App and creation or editing of any Listing, that you may not rely on a Listing or any Content, and that under no circumstances will Emoggo be liable in any way for any Listing or Content or for any loss or damage of any kind incurred as a result of engagement with any Business User posted or otherwise made available through the App. You acknowledge that while Emoggo may in some cases pre-screen Listings and Content, Emoggo does not in any way guarantee that Listings or Content have been pre-screened or approved by Emoggo. Emoggo shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Listing or Content that is available via the App. Business Users have full control over their listing and availability and said Business Users bear the sole and entire responsibility for ensuring that Listings or offers made available through Emoggo are honored.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the App, are the sole responsibility of the Business User or other party from whom such Content originated. You understand that Emoggo does not control, and is not responsible for Content made available through the App, and that by using the App, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
The App may contain links to other websites, which are completely independent of Emoggo. Emoggo makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content or Content in any Listing, that you may not rely on said Content or Listing, and that under no circumstances will Emoggo be liable in any way for any Content or Listing or for any loss or damage of any kind incurred as a result of the use of any Content or Listing posted, emailed or otherwise made available via the Service.
Emoggo does not endorse or recommend the opinions, information or instruction expressed or provided in or by any Listings or Content.
You acknowledge that Emoggo does not pre-screen or approve Listings or Content, but that Emoggo shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Listing or Content that is available via the Service, for violating the letter or spirit of the Terms of Service or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES.
The App, including Listings available through the App, may contain content, advertising and other features and functionalities that may link you or provide you with access to third party content which is completely independent of Emoggo, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the App, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You shall make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Emoggo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the App, or between App Users and any third party, you understand and agree that Emoggo is under no obligation to become involved. In the event that you have a dispute with one or more other App Users or Business Users, you hereby release Emoggo, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
Once you access a third party site through a link on the App, you may no longer be protected by these Terms of Service and you may be subject to the terms of service and other conditions of such third party site. You shall review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate. Concerns regarding a third party site shall be directed to the third party site itself. Emoggo bears no responsibility for any action associated with any third party site and makes no warranties, express or implied, as to the third party site or its services.
5. CHANGES TO THE SERVICES.
Notwithstanding any provision of the Term of Service, we reserve the right, without notice and at our sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site and/or App, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site and/or App; (c) change, suspend or discontinue any aspect of the Site and/or App; and (d) impose limits on the Site and/or App.
6. REGISTRATION and PERSONAL INFORMATION.
7. EMOGGO’S PROPRIETARY RIGHTS.
All of the content available on or through the App and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and/or a third party and is protected, as applicable, by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Site and App and any underlying technology or software used in connection with the Site and App contain Emoggo’s proprietary information. We give you permission to use the aforementioned content in connection with the Site and App and for personal purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site and App. You may print, download, share and store information from the Site and App for your own convenience, but you shall not copy, distribute, republish, sell or exploit any of the content or exploit the Site and App, in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, Emoggo does not grant you any express or implied rights, and all rights in the Site and App not expressly granted by Emoggo to you are retained by Emoggo.
8. TERMINATION OF AGREEMENT.
You and Emoggo may terminate these Terms of Service and your use of the App at any time. We may retain an archival copy of your information after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
9. ADVERTISEMENTS AND PROMOTIONS.
We may run advertisements and promotions from third parties on the App. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Emoggo, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Emoggo is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the App.
10. WARRANTY DISCLAIMERS.
THE APP IS PROVIDED “AS-IS,” WITH “ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE APP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE APP, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE APP OR THE SERVICES OFFERED ON IT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APP (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY BUSINESS USERS OR APP USERS OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE APP. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EMOGGO MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE APP OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. EMOGGO DOES NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT APP IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
11. LIABILITY LIMITATIONS.
In no event shall Emoggo be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation, lost profit damages arising from your use of the app or linked services, even if Emoggo has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the extent permitted by law. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for any dispute with us is the termination of your use. Emoggo’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to $100 Canadian Dollars.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the App, (b) viewing or participation with any Listing, (c) the violation of the Terms of Service by you or any third party using your Credentials, or (d) any intellectual property or other right of any person or entity.
13. ELECTRONIC CONTRACTING AND NOTICE.
14. ENTIRE AGREEMENT.
15. CHOICE OF LAW AND DISPUTE RESOLUTION.
The Terms of Service and relationship between you and Emoggo shall be governed by the laws of the Province of Ontario and Canada as apply therein without regard to its conflict of law provisions. You and Emoggo agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario, Canada.
The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s’y rattachant, y compris tous avis, annexes et autorisations s’y rattachant, soient rédigés en langue anglaise seulement.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Terms of Service to anyone else and any attempt to do so shall be null and void.
18. HOW TO CONTACT US.
For questions or concerns regarding the Terms of Service, please contact us at:
Last updated: March 31, 2018
Copyright © 2019 Emoggo Inc. All rights reserved.
Terms of Service - Poker Run Contest Long Rules
EMOGGO POKER RUN (“CONTEST”)
THIS CONTEST IS OPEN TO ONTARIO RESIDENTS ONLY AND IS GOVERNED BY ONTARIO LAW.
1. CONTEST PERIOD:
Contest begins at 12:00 PM EST and ends at 9:00 PM EST on June 1st, 2019 (the “Contest Period”).
Contest is open to all legal residents of Ontario who are 18 years of age or older at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled) of Emoggo Inc. (the “Sponsor”), its parent companies, subsidiaries, affiliates, dealers, distributors, prize suppliers, advertising/promotion agencies and the Contest judges (collectively, the “Contest Parties”).
3. HOW TO ENTER:
NO PURCHASE NECESSARY. To enter, the Player must collect cards from participating businesses at the Downtown Milton Street Festival. Player must show the Emoggo app at the participating businesses in order to get a card. No duplicate cards will be allowed – if a player draws a duplicate card, they may draw again. Players may collect any number of cards they wish, but they can only get one card per location. Players may gain additional cards at pop-up locations that will be communicated via the Emoggo app at random intervals throughout the Contest Period. Players will submit the best 5 card hand from the cards collected at the end location. The hand will be sealed in an envelope with the players first name and last initial and preferred contact info (phone or email) and the hand submitted (the “Entry”). To be eligible, your Entry must be received within the Contest Period. All eligible Entries received during the Contest Period will be entered into the random prize draw (see Rule 5). There is a limit of one Entry per person permitted during the Contest Period. If it is discovered that you have attempted to submit more than one Entry per person during the Contest Period, you may be disqualified from the Contest and all of your Entries may be voided.
4. THE PRIZE AND APPROXIMATE RETAIL VALUE:
There will be one prize available to be won as follows: The prize will consist of a Downtown Shopping Spree valued at $500.00 Canadian Dollars consisting of gift certificates, goods and services from local businesses. The prize must be accepted as awarded and is not transferable or convertible to cash. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole discretion, to substitute the prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor’s sole discretion, a cash award. The prize will only be awarded to the person whose full name and valid email address appear on the official Contest Entry. The Sponsor is not responsible if the event is cancelled, delayed or rescheduled for any reason. The winner is solely responsible for all costs not specifically mentioned above as included in the prize description.
5. WINNER SELECTION:
At the end of the Contest Period, the winning Entry shall be selected from among all eligible Entries received during the Contest Period. The winning Entry will be that which has the best poker hand as per the World Series of Poker official rules (available at: http://www.wsop.com/poker-hands/). The odds of winning depend on the number of eligible Entries received during the Contest Period. The Sponsor or its designated representative will make three attempts to contact the selected entrant(s) by telephone or email (using the information provided at the time of entry) within three business days of the Draw Date. If a selected entrant cannot be contacted within three attempts or three business days of the Draw Date (whichever occurs first), or there is a return of any notification as undeliverable; then that selected entrant will be disqualified and the Sponsor reserves the right, in its sole discretion and subject to time constraints, to randomly select an alternate eligible entrant from among the remaining eligible Entries.
BEFORE BEING DECLARED A WINNER, the selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within two business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the prize as awarded; (iii) releases the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the selected entrant’s participation therein and/or the awarding and use/misuse of the prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of the selected entrant’s name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Contest Parties in any manner whatsoever, including print, broadcast or the internet. If a selected entrant: (a) fails to correctly answer the skill-testing question; and/or (b) fails to return the properly executed Contest documents within the specified time, then he/she will forfeit the prize and Sponsor reserves the right, in its sole discretion and subject to time constraints, to randomly select an alternate eligible entrant from among the remaining eligible Entries.
6. GENERAL CONDITIONS:
7. LANGUAGE DISCREPANCY
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.
8. INDEMNIFICATION BY ENTRANT:
By entering the Contest, entrant releases and holds the Sponsor harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify the Sponsor from any and all claims by third parties relating to the Contest, without limitation.
9. LIMITATION OF LIABILITY:
The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Sponsors are not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest. The Sponsors reserve the right in their sole discretion, to cancel, terminate, or suspend this Contest or to modify the Contest rules at any time without notice.
10. PRIVACY / USE OF PERSONAL INFORMATION:
By participating in the Contest, entrant: (i) grants to the Sponsors the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners; and (ii) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i).
11. INTELLECTUAL PROPERTY:
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
Sponsors reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s law.
14. HOW TO CONTACT US.
For questions or concerns regarding the Terms of Service, please contact us at:
Last updated: May 31, 2019
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