TERMS OF USE
We hope that you will enjoy the great features of our unique and proprietary SofiaPulse application (the “Application”) and the provision of premium content advertising materials we provide (the “Services”) as more detailed below. These terms of use (the “Terms of Use”) are a legal agreement between you and SofiaPulse Inc., a Montreal-based company (“SofiaPulse”, “we”, “us” or “our”) setting forth, among other things, the terms and conditions for your use of the Application and the provision of the Services.
Your Agreement
By accessing or using the Application and the Services, you accept and agree to the provisions of the Terms of Use without any reservations, modifications, additions or deletions. If you do not agree to any provisions of the Terms of Use, you are not authorized to use the Application or the Services. We may from time to time modify the Terms of Use, so we encourage you to review them periodically.
Our Services
With our proprietary technology, we provide targeted advertisements and promotional materials (text, photos, audio/music, videos) that may involve social media tools and services. Ads are placed on partner websites. By using the Application, you understand and expressly agree that (A) the advertisers using our Application to place Ads on partner websites (the “Advertisers”) have no connection (legal, financial or otherwise) with SofiaPulse, and (B) at no time will SofiaPulse be responsible for any products, services or lack thereof, that the Advertisers or the publishers may provide you.
No Liability
The Application and the Services may use social networking or “share functionality” or contain links to third party sites (including Advertisers’ websites) or resources that are not owned or controlled by SofiaPulse (including the applications/tools and services of Publishers) (collectively, “Third Party Content”). SofiaPulse has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, terms of services, payment terms, practices or availability of any Third Party Content. You are and remain subject to the policies of those third parties where applicable. By using the Application and the Services, you expressly relieve SofiaPulse from any and all liability (direct or indirect) arising from your use of any Third Party Content accessed from through the Application. Reference made through the Application to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SofiaPulse. We encourage you to ask questions before you disclose your personal information to anyone and review all applicable privacy policies.
User-Generated Content
In connection with your use of the Application, you may display, post, transmit or otherwise make available certain user-generated content (“UGC”), e.g. text, messages, tags or other works of authorship. You understand and expressly agree that: UGC is the sole responsibility of the person from whom such UGC originated. This means that you, and not SofiaPulse are entirely responsible for all UGC that you display, post, transmit or otherwise make available through the Application and that SofiaPulse is not liable in any way for any loss or damage of any kind incurred as a result of the use of any UGC that is displayed, posted, transmitted or otherwise made available through the Application;
SofiaPulse does not control any UGC posted through the Application and, as such, does not guarantee the accuracy, integrity or quality of such UGC. You understand that by using the Application, you may be exposed to UGC that is offensive, indecent or objectionable.
You are liable for any illegal or prohibited UGC you display, post, transmit or otherwise make available through the Application , including without limitation UGC that (A) violates the terms of the Terms of Use; (B) is unlawful, infringing, harmful, threatening, tortious, defamatory, libellous, abusive, obscene, invasive of another’s privacy, hateful, fraudulent or malicious; (C) harasses or advocates harassment of another person; (D) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; (E) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (F) promotes information that you know is false, misleading, or promotes illegal activities or conduct; (G) solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; (H) interferes with or disrupts the Application, the Services or any server or network involved with the operation of the Application or the Services; (I) collect or “harvest” from the Application the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; or (J) otherwise violates any local, national or other applicable law or regulation.
ANY USE OF THE APPLICATION NOT SPECIFICALLY PERMITTED UNDER THE TERMS OF USE IS STRICTLY PROHIBITED.
Service Interruptions
You acknowledge that your access to and use of the Application and/or the provision Services may be suspended for any reason, including as a result of power outages, system failures or other interruptions. SofiaPulse shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any service interruption.
Intellectual Property
SofiaPulse grants you a royalty-free, non-exclusive, non-transferable, worldwide, revocable license to access and use of the Application and the Services in accordance with the Terms of Use. The Application and the Services are made available to you for your non-commercial use only. You need to obtain our permission if you want (A) to sell, distribute, licence or in any other way exploit, in whole or in part, the Services, the use of the Application (including by way of a bundle with other products and/or services) or any information or software associated with them or (B) to modify or create derivative works from the Application, in whole or in part. SofiaPulse reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. SofiaPulseis a trademark of SofiaPulse; the Application may also display third-party trademarks, service marks, graphics, and logos, including with respect to products and/or services (collectively, the “Trademarks”). Nothing displayer through the Application will be construed as granting you any license, right, title or interest relating to any of the Trademarks and all related intellectual property rights remain the exclusive property of SofiaPulse or their respective owners.
Feedback
If you choose to communicate to us suggestions for improvements to the Application or the Services (collectively, “Feedback”), we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (A) your Feedback does not contain confidential or proprietary information; (B) SofiaPulse is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (C) SofiaPulse shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (D) SofiaPulse may have something similar to the Feedback already under consideration or in development; and (E) you are not entitled to any compensation or reimbursement of any kind from SofiaPulse under any circumstances.
Disclaimers
“As Is”. THE APPLICATION AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU “AS IS.” THE USE OF THE APPLICATION AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE APPLICATION OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SofiaPulse DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SofiaPulse MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE APPLICATION AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SofiaPulse DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
SofiaPulse MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE USE OF THE APPLICATION AND THE PROVISION OF THE SERVICES ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON VIA THE APPLICATION (INCLUDING BUT NOT LIMITED TO UGC) IS AT YOUR OWN RISK. SofiaPulse DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SOME OF THE CONTENT DISPLAYED ON THROUGH THE APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO UGC). YOU ACKNOWLEDGE THAT SofiaPulse ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.
Limitation of Liability
IN NO CASE WILL SofiaPulse, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO (A) YOUR USE, MISUSE OR INABILITY TO USE THE APPLICATION OR THE SERVICES OR (B) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE APPLICATION AND/OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF SofiaPulse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SofiaPulse FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE APPLICATION AND THE SERVICES EXCEED CAD$1. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Indemnity
YOU WILL INDEMNIFY AND HOLD SofiaPulse, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS AND EMPLOYEE HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS’ FEES) ARISING OUT OF (I) YOUR BREACH OF THESE TERMS OF USE; (II) ANY DAMAGES BY YOU OR YOUR USE OF THE APPLICATION AND/OR THE SERVICES CAUSED TO A THIRD PARTY; OR (III) YOUR USE OR MISUSE OF THE APPLICATION AND/OR THE SERVICES.
Applicable Law; Jurisdiction
The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, applicable to agreements made and entirely to be performed within the Province of Québec, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access or use the Application or use the Services, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or provincial courts located in Québec (district of Montreal), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms of Use.
Severability
If any of the provisions of the Terms of Use or their application is found to be invalid under any applicable statute or rule or law, they are, to that extent, deemed omitted and the validity of the other provisions of the Terms of Use will not be affected.
Questions
If you have any questions regarding the Terms of Use or wish to report any issue relating to the Application, their content or the Services you were provided, please contact us by email at [email protected].
Language
The parties hereto acknowledge having expressly required that these Terms of Use are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Modalités et Conditions soient rédigées en anglais.