Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE SIGNING UP OR USING THE SERVICES OFFERED BY SQUARETACK. BY ACCESSING THE SQUARETACK WEBSITE, OR ANY APPLICATIONS INCLUDING MOBILE APPLICATIONS MADE AVAILABLE BY SQUARETACK (COLLECTIVELY REFERRED TO AS THE “SERVICE”), YOU AGREE TO BE BOUND ALL OF THE TERMS AND CONDITIONS DESCRIBED IN THE TERMS OF USE, INCLUDING OUR PRIVACY POLICY (WHICH CAN BE FOUND HERE; PRIVACY POLICY)

BASIC TERMS

  1. You must be at least 13 years of age or older to use the Service.
  2. The Services are licensed to you, not sold, and you may use the Service only as set forth in the Terms of Use.
  3. The Service is provided “AS IS” without warranties of any kind and liability to you is limited.
  4. You are responsible for any activity that occur through your account. You may not post violent, nude, discriminatory, unlawful, hateful, pornographic and infringing content via the Service.
  5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate persons or entities via the Service.
  6. You must not use the Service for illegal or unauthorized purpose and comply with all laws, rules and regulations applicable to your use of the Service including but not limited to copyright laws.
  7. You must not create or submit unwanted email, comments or any other forms of commercial or harassing communications (“Spam”) to other SquareTack users.
  8. You must not interfere or disrupt the Service (servers and network) including by transmitting worms, viruses, spyware, malware or other malicious or destructive code. You may not inject content or otherwise alter or interfere in any way how SquareTack pages are rendered or displayed in a user’s browser or device.
  9. You must not distribute, publicly display, transfer, sell, sublicense, lease, lend, rent or otherwise make available the Service to any third part.
  10. You must not decompile, reverse-engineer, disassemble or interfere with the Service (or any part thereof).
  11. You agree that you are responsible for all data or network charges you incur through accessing our Service.
  12. We do not claim any ownership of any Content that you or others post on our Service. Instead, you hereby grant SquareTack a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content you submit through the Service.
  13. You represent and warrant that you own the Content posted by you or otherwise have the right to grant the rights and licenses set forth in these Terms of Use.
  14. You agree that SquareTack is not responsible for and does not endorse the Content posted on our Service. We do not have any obligation to monitor, edit, or remove any Content. If your Content violate these terms of use, you may be legally responsible for that Content.
  15. Except as described in our Privacy Policy, any Content will be non-Confidential and non-proprietary and we will not be responsible for any disclosure of Content.
  16. You agree to provide and maintain current, accurate and complete information about your Account.
  17. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  18. We may remove, edit, block or monitor Content or accounts that contain Content we determine in our sole discretion to violate these Term of Use.
  19. You may terminate the Terms at any time by deleting your account and discontinuing all access to and use of the Service.
  20. We reserve the right to modify or terminate the Service for any reason without notice and without liability to you. We will provide reasonable advance notice on any significant changes to the Terms of Use by posting them on the Service and that your use of the Service beyond the effective date of the updated terms constitutes an agreement to the updated terms of use.

TERMINATION

SquareTack may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account.

WARRANTY

The service is provided to you “AS IS”. Use of the Service is at your own risk. To the maximum extent permitted by applicable las, the Service is provided without warranties of any kind, whether express or implied. SquareTack does not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded through our Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or use of the Service.

INDEMNIFICATION

You agree to indemnify and hold us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents harmless from and against any and all claims, costs, damages, liability, and expenses (including without limitation attorneys’ fees) that arise from or relate to your use or misuse of, , or access to the Service, your violation of any rights of any third party, including without limitation intellectual property rights or rights of publicity, confidentiality, property or privacy, any disputes or issues between you and any third party. SquareTack reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with SquareTack in asserting any available defenses.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall SquareTack, its officers, directors, employees or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Service. If a court of competent jurisdiction determines that liability of SquareTack, its directors, employees or licensors has arisen, the total of such liability shall be limited in aggregate to one hundred US dollars ($100).

To the maximum extent permitted by laws, in no event shall SquareTack, nor its officers, directors, employees or licensors be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise with respect to the Service, Content or User Submission for;

  • Indirect or consequential losses or damages;
  • Loss of actual or anticipated profits;
  • Loss of revenue;
  • Loss of goodwill;
  • Loss of data;
  • Loss of anticipated savings; OR
  • Wasted expenditure.

The Service is controlled and operated from facilities in the United States. SquareTack makes no representations that the Service is appropriate or available for use in other locations. Those who access the Service from other jurisdictions do so at their own volition and entirely responsible for the compliance and applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the province of Alberta, Canada, excluding its conflict of law provisions. Any action commenced in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Court of Queen’s Bench of Alberta or the Federal Court of Canada, where applicable.

If any provision within these Terms of Use is determined to be unlawful, void, or unenforceable by a court competent jurisdiction, then that provision shall be severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

Any cause of action arising out of or related to the Service or these Terms of Use must be filed within one (1) year after the cause of action arose, failing which the action is permanently barred.

INTEGRATION AND SEVERABILITY

These Terms of Use are the entire agreement between you and SquareTack with respect to the Service and use of the Site, Service, Content, User Submissions and supersede all prior communications between you and SquareTack. If any provisions of these Terms of use is found to be unenforceable or invalid, that provision will be limited and eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, SquareTack must provide you with written notice of such waiver through one of its authorized representatives.