- Acceptance of Terms: By accessing our Service Systems (defined below), you hereby agree to all of the following terms and conditions of use (the “Agreement”). If you do not agree to this Agreement, do not access or use the Service Systems. Our Service Systems are subject to the restrictions and limitations described below.
- “Data” means any file information, articles, text, correspondence, pictorial or graphic work, photograph, image, picture, audio and video content, plan, map, drawing, diagram, design, machine-readable record and any other recorded or documentary material;
"Service Systems” means the Me in a Tree online applications, tools and service systems provided by us from time to time, and includes:
- all Data supplied by us or our licensors;
- any Data, GUI or layout which is generated by our databases or software systems; and
- our proprietary computer applications and software systems, business processes, back-end databases and software;
- the use of all forums, discussions, comment-areas, calendars, and other areas which permit user-generated content to be input or uploaded;
- “you” and “your” refer to any users of the Service Systems (including Nonregistered Users); the term “we”, “us” and “our” refer to Me in a Treeree Technologies Inc.
- Your Access: To access and use the tools and features of the Service Systems, you will be required to register and create an account. If you register and create an account, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account by your minor children or anyone else accessing your account with your password. You agree to immediately notify us of any unauthorized use of your account. As primary account holder, you represent and warrant that: (a) you are over the age of 18; (b) you are providing complete and accurate information; (c) your account has not previously been suspended or removed. You may not have access to all of the features or services, depending on your service package or payment terms.
- Refund Policy: We do not provide refunds or credits of any prepaid amounts, and if you terminate your account early you will not be eligible for refunds for any unused days; we do not provide refunds or credits for any interruption or delay in access to the Service Systems or difficulties related to technical failures of your hardware or software, failures in the internet, or other causes beyond our control.
- General Access: Open areas of our Service System which do not require an account and password are provided for information purposes only, for personal, non-commercial use. Users without an account (“Nonregistered Users”) are still bound by the restrictions and disclaimers set forth in these terms of service, and if you use our sites you will be considered to have agreed to this Agreement.
- Grant of License: If you have paid the subscription fees or other amounts owing, and you are not otherwise in breach of this Agreement or any other agreement with us, you have a license to access and use the Service Systems for the purposes set forth in this Agreement, and for no other purpose, during the term of this Agreement. By entering into this Agreement, you grant to us a nonexclusive right and license to us to host, publish and retain archived back-ups of Data that you upload or submit to us, and to provide access to such Data to any of your authorized users who use the Service Systems under your account. Nonregistered Users agree to permit the use and display of any Data that they input or upload to our Service System.
- By Us: In the event you, or any users authorized by you, breach this Agreement or any other agreement with us, and such breach is not remedied or cured within 10 days of written notice, we may suspend or terminate this Agreement and your access to the Service Systems.
- By You: You may shut down your account and cease use of the Service Systems at any time. We require reasonable written notice from you, to implement our standard security policy and to terminate access in accordance with your time-table for ceasing use of the Service Systems. If you elect to terminate early, any prepaid amounts are non-refundable. You are responsible for backing-up, saving, downloading or deleting any of your Data, as you wish, prior to the termination of your account. After termination, we reserve the right to delete or keep any Data remaining on the Service Systems.
- Data: As an authorized user or Nonregistered User, you may create and upload Data as part of your use of the Service Systems, as the Service Systems permit. We claim no rights of ownership to Data that is uploaded, submitted or provided by you. If you upload Data, then you are solely responsible for that Data, and the consequences of posting or publishing it in connection with the Service Systems. You represent and warrant that you own or have the necessary and required licenses, rights, permissions and consents to submit and post such Data. We reserve the right to remove Data without prior notice if we receive notice of claims or disputes related to such Data, or if any Data contravenes our acceptable use standards.
Acceptable Use: The Service Systems may be used only for authorized purposes by users who have agreed to this Agreement. You must comply with all applicable federal, provincial and local laws and regulations. You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:
- post, input or upload any Data that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law;
- threaten bodily harm, destruction of property or otherwise engage in harassment;
- transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent information or information that is invasive of another's privacy, or infringes another’s rights;
- transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- reverse engineer, decompile or otherwise attempt to decipher any code or any portion of our Service Systems for any purpose;
- use the output of the Service Systems for any purpose other than as required in connection with your personal, non-commercial use;
- delete or revise any portion of our Service Systems;
- distribute, sell, lease, transfer, assign, trade, rent, publish or license the Service Systems as a stand-alone service to others;
- engage in linking or framing of any portion of our sites or our Service Systems;
- aggregate, scrape, harvest or duplicate any portion of our Service Systems, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the purposes of the Service Systems;
- corrupt, falsify or distort any Data or upload, post or submit content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
- copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.
Intellectual Property Rights:
- General: You agree that the Service Systems and all object and source-code, intellectual property rights, trade-secrets, and know-how related thereto, are owned by us or our licensors, and you will not contest or challenge such ownership. You own any Data that you author or create.
- Copyright: All content published on or otherwise accessible through our sites is protected by copyright in Canada, the United States and through international treaties. Our animated characters are protected by registered copyright. Copyright in the Service Systems and other content supplied or authored by us is owned by us, along with the layout and design of our sites and all object and source-code and database structures.
- Trade-marks: Me in a Tree, the Me in a Tree DESIGN and our other marks are trade-marks/registered trade-marks of Me In A Tree Technologies Inc., protected in Canada, the United States, and through international treaties and may not be used without prior written authorization. All other company names and logos displayed on our sites may be trade-marks of their respective owners.
- Indemnity: You agree to indemnify us from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any breach or violation of this Agreement by you or users of your account, or in connection with (a) the uploading, posting or submission of any Data by you or users of your account, (b) any breach by you of any representation or warranty, or (c) any other breach by you of this Agreement or any other agreement with us.
- General Disclaimers: While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to any of our Service Systems. We expressly disclaim any and all liability in connection with our Service Systems. Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you "as is" and "as available". We do not warrant or make any representations of any kind regarding the use or the results of the use of our Service Systems, in terms of their correctness, accuracy, reliability, or otherwise. We do not provide warranties and we disclaim all liability or outcomes related to parenting advice, parenting philosophy or any parent-child relationships. Parents are ultimately responsible for the use they make of any tools on our Service Systems. We do not provide professional advice of any kind, and you are advised to seek independent professional help, family counseling or advice from qualified professionals in respect of your own needs and requirements. The content on this Site could include technical inaccuracies or typographical errors. WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT, DATA, OUR SERVICE SYSTEMS, AND TO ANY MATTER RELATING TO OUR SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE THE SERVICE SYSTEMS, OR THE PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT (A) THE AGGREGATE LIABILITY OF ME IN A TREE TECHNOLOGIES INC. AND ITS LICENSORS FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO USE THE SERVICE SYSTEMS DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM; AND (B) ANY SUCH CLAIM MUST BE BROUGHT WITHIN ONE YEAR OF OCCURRENCE.
- Jurisdiction & Applicable Law: You are contracting with Me In A Tree Technologies Inc. and this Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein, without regard to its conflict of laws rules. In the event of any dispute arising under this Agreement, you agree to submit to arbitration in accordance with Section 16.
- Arbitration: You agree that all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Calgary, Alberta. The language of the arbitration shall be English. Arbitration fees and reasonable attorneys’ fees of both parties shall be borne by the party that ultimately loses. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it in any court having jurisdiction thereof.
- Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
- Software & Hardware: You must provide your own computer hardware and software necessary to connect to the Service Systems, including internet access and if applicable, a suitable mobile device, according to the optimal use standards and specifications we stipulate from time to time. The Service Systems may experience temporary downtime as we perform routine maintenance or updates.
- Beta & Trial Use: From time to time, we may offer use of some or all of the Service Systems under beta, trial and/or promotional offers. Such use may be terminated by us at any time without any recourse by you. Because such access is made without charge, and/or may be for pre-release versions, you bear the entire risk of use. Any long-term memberships offered to beta or trial users are limited to use of the Service Systems by the nuclear family of the user in question, are not transferable, and may be terminated upon reasonable notice in the event the Site is no longer in active commercial deployment.
- Linked Sites: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.
- Changes: Changes to this Agreement may be made from time to time by us, and the modified form of the Agreement will take effect 15 days after posting on our site(s). Continued use of the Service Systems after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Service Systems, in whole or in part, at our sole discretion, at any time, without notice.
- Survival: All terms which require performance by the parties after the expiry or termination of this Agreement, will remain in force despite this Agreement's expiry or termination for any reason. The following terms shall survive the termination of this Agreement: 7, 9, 10, 12, 13, 14, 15 and 16.
- Miscellaneous: You may not assign or transfer the rights granted to you under this Agreement without our prior written consent. We may assign this Agreement to a third-party upon written notice to you. This Agreement constitutes the entire agreement between us and you with respect to your use of the Service Systems. In the event of any inconsistency between this Agreement and any other agreement between us and you, this Agreement will prevail to the extent of resolving the inconsistency. Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this Agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This Agreement may be agreed to by electronic acceptance, or may be executed by facsimile or other digital copy.