Privacy Policy

 

VEGGIEMOJI Mobile App

 

iOS Platform

This End-User License Agreement (the “EULA” or “Agreement”) governs your (“you” or “your”) use of the current and future VEGGIEMOJI mobile app software, and any affiliated online and mobile websites, platforms, services, and any affiliated sites and associated applications (the “App”) provided by Sendtiment Corporation (the “Company”) designed to operate on your iPhone, iPad or iPod Touch device. This EULA governs only that App which may operate on these devices or other computing device manufactured or marketed by Apple, Inc.

BY CLICKING THE “AGREE” BUTTON, OR DOWNLOADING AND INSTALLING, OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER, OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION; YOU SHOULD DELETE IT FROM YOUR MOBILE DEVICE.

Your use of the App constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by Company. The most recent version of this Agreement will be available on the App and the most recent version shall supersede any and all other versions of this Agreement. Company reserves the right to add, remove, or modify terms to this Agreement or any other Company policies related to use of the App at any time and at its sole discretion by posting revisions on the Internet at the Website, which shall constitute notice of such revisions. Any additions, deletions, or modifications to this Agreement and/or App shall be effective immediately upon posting. Your continued use of the App following the posting of these additions, deletions, or modifications will constitute acceptance of such changes or modifications. Company also reserves the right to modify the content or access to any feature of the APP at any time.

Acknowledgement. Company and you, the end-user of the App, acknowledge that the Agreement is entered into by and between Company and you, and is not with Apple, Inc. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. Company is solely responsible for the App and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

Incorporation of Apple. Inc. Licensed Software End User License Agreement. This Agreement incorporates by reference the Licensed Software End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the “Software” is considered the “Licensed Software” as defined in the LAEULA and “Company” is considered the “Software Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.

License. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to: (A) download, install and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”), and (B) access, stream, download and use on such Mobile Device the Content and Services (as defined in Section 4) made available in or otherwise accessible through the App, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 4.

Content and Services. The App may provide you with access to products and services, and certain features, functionality and content accessible on or through the App (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Company’s Privacy Policy located at the end of this Agreement, which is incorporated herein.

Geographic Restrictions. You acknowledge that you may not be able to access all or some of the Content and Services outside of the Canada and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the Canada, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a Canadian Government embargo, or that has been designated by the Canadian Government as a “terrorist supporting” country, and (ii) you are not listed on any Canadian Government “watch list” of prohibited or restricted parties.

Allowable Uses of the App. Any use of the App in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, reverse engineering, decompiling, disassembling, or distribution of the App is prohibited. Furthermore, you may not create any derivative works from or sublicense any rights in the App. This Agreement does not entitle you to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the App.

Collection and Use of your Information. You acknowledge that when you download, install or use the App, Company may use automatic means (including, but not limited to, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. By downloading, installing, using and providing information to or through this App, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.

Updates.

Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the App will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

Third Party Materials. The App may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.

Your Acceptable Use. All of the content available through the App, including the content, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel” and arrangement of items, and all other elements of the App that are provided by Company, and is owned by or licensed to Company or Company’s partners and/or users and is protected by copyright and/or trademark laws. You do not acquire ownership rights to any content viewed through the App. If any of the content that Company makes available to you is software capable of being downloaded, then the software and all files, images and data relating to the software will be licensed to you by the Company. The license is a personal, limited, non-transferable, non-sublicensable, revocable license, and Company reserves the right to alter or revoke the license at any time by providing notice to you. Company’s posting of content on the App does not constitute a waiver of any right in such content. You may not use, store, display, publish, transmit, distribute, sell, license, copy, publicly perform or display, modify, reproduce, create derivative works of or in any way exploit any of this content (other than your own content), in whole or in part, outside of the specific usage rights granted to you by Company in connection with this App. All other copying in any format or other unauthorized use of the App or its contents may constitute a breach of copyright, trademark and/or other intellectual property laws and/or other international laws and may subject you to criminal or civil charges and penalties. Company reserves all other rights not expressly granted hereunder. Use of the App and any of your information or content collected, transmitted or stored in connection with the App is limited to the functionality of the Software. In no event may the App be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company’s proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company’s website or computer systems; (e) attempts to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or, (h) violates this Agreement. Company reserves the right, in its sole discretion, to terminate this Agreement, request that you remove the App from your Mobile Device for any reason, including, but not limited to, Company’s reasonable conclusion that you have violated this Agreement.

Content Posted on the App. The App may contain social networking components and interactive features (including but not limited to blogs, chat groups, bulletin boards, news groups, as well as, the display of content from linked third-party websites, which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. Company may monitor content posted on the App, but Company is under no obligation to do so. You may be exposed to content on the App that is inaccurate or deceptive, or that you find offensive or objectionable.

Objectionable Material. You understand that by using and accessing the App, you may encounter material that you may deem to be offensive or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to the use of the App at your sole risk and Company shall have no liability to you for material that may be found to be offensive or objectionable.

Content You Post.

  • Content you post via the App may appear on other user’s devices. You are responsible for all content that you post through or download from the App. You may not post content that:
  • Is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission);
  • Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;
  • You know to be inaccurate;
  • Is pornographic, sexually explicit, or obscene;
  • Exploits children or minors;
  • Violates the rights of privacy or publicity of any person;
  • Is harassing, libelous, slanderous, or defamatory;
  • Contains any personally identifying information about any person without their consent or about any person who is a minor;
  • May be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;
  • Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;
  • Is off topic;
  • Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
  • Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;
  • Violates any local, provincial, federal, and/or international laws or regulations;
  • Promotes or provides instructional information about illegal or illicit activities;
  • Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,
  • Is intended to overwhelm, cause technical disruptions of or denial of service to Company’s servers.

Company may remove any content that violates these Terms or that Company determines is otherwise not appropriate in Company’s sole discretion. Company may or may not exercise editorial control over content posted on the App.

By posting or transmitting content on or through the App, you

  • represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Company and other users to use and distribute your content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by Company and these Terms;
  • you certify that you are (a) at least 18 years old, or (b) at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit content;
  • agree to and do hereby grant Company and its affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit via the App for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) Company may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant Company a license to use your user name in connection with Company’s use of any content you provide to Company. You also consent to the display of advertising within or adjacent to any of your content. Any comments or materials you send to Company, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential.

Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the App, including all copyrights, trademarks, other intellectual property rights and all other rights therein or relating thereto, except as expressly granted to you in this Agreement.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO (1) USE OF THE APP, CONTENT OR SERVICES OR (2) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP OR US$100.00, AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APP OR ANY WEBSITE THAT THE APP MAY DIRECT YOU TO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR MOBILE DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE APP. COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNATHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY DOWNLOADING THE APP, YOU ACKNOWLEDGE AND AGREEE TO COMPANY’S DISCLAIMER OF SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT DOWNLOAD OR USE THE APP.

  • Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY DOES NOT MAKE AND COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE APP, DOCUMENTATION, UPGRADES, OR UPDATES (AND ANY COPIES OF THE SAME), SUPPORT, AND SERVICES PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR MALWARE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
  • Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THEIR PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU, ON THE ONE HAND, AND COMPANY, ON THE OTHER HAND, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU, ON THE ONE HAND, AND COMPANY, ON THE OTHER HAND. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification. You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees and costs) that arise from your use or misuse of the App, violation of this Agreement or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.

Intellectual Property Rights. You and Company acknowledge that, in the event of any third party claim that the App or your use of the App infringes any third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the App be found to infringe any intellectual property rights of a third party, your sole remedy shall be either to cease using the App or to use a noninfringing version of the App should Company choose to provide you with such a non-infringing version.

Product Claims. You acknowledge that Company, not Apple, Inc., is responsible for addressing any claims of the end-user or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and, (iii) claims arising under consumer protection or similar legislation.

Contact Information. Should you wish to contact Company with any questions, complaints or claims with respect to the App, email Company at info@sendtiment.com.

Proprietary Nature of App and Trademarks. Company owns or is licensed to use the App and any and all trademarks, service marks and content included in the App. The App may incorporate trademarks, service marks or other content in connection with the services it provides and such trademarks, service marks or other content remains at all times the property of its respective owners. You have no right or license with respect to any trademarks, service marks and other content owned by Company or any third party that is visible on or provided to you through the App.

Third Party Terms of Agreement. You agree to comply with all applicable third party terms of agreement when using the App.

Governing Law. In order to assure consistency in the interpretation of this agreement, this Agreement is governed exclusively by the laws of the Canada, without giving effect to its conflict of law rules. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties further agree that the place of contract and performance of this Agreement is Toronto, Ontario, Canada. You consent to the exclusive venue and personal and subject matter jurisdiction in the courts of Toronto, Ontario, Canada.

Waiver/Severability. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement.

Assignment. Except to the extent such rights cannot be restricted by applicable law, you shall not assign, sublicense, convey or transfer (collectively, “Assign”) this Agreement (whether by contract, merger or operation of law) without the prior written consent of Company, and any such attempt by you to Assign any rights, duties, or obligations hereunder shall have no power or effect, and is subject to Company’s right to immediately terminate this Agreement.

Arbitration. Any dispute, claim or controversy arising out of or related to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules (“Rules”) of the American Arbitration Association. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person’s claims with your or Company’s claims, and may not otherwise preside over any form of a class or representative proceeding.

Entire Agreement; Modifications. This Agreement and any operating rules established by Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes any other agreement or discussion, oral or written between the parties, with respect to the subject matter of this Agreement. There shall be no application of any rule of construction of this Agreement against the drafter as you have had an opportunity to have this Agreement reviewed by your counsel.

Intellectual Property Rights Policy;

We respect the rights of intellectual property holders. If you believe that any content on the App violates your intellectual property rights, you can report such violation to us. In the case of an alleged infringement, please provide the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the App (including the exact URL);

An address, a telephone number, and an e-mail address where we can contact you;

A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and

Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the Sendtiment designated agent listed below.

Legal Affairs, Sendtiment Corporation

Email: info@sendtiment.com

VEGGIEMOJI - Vegan Emoji Keyboard

MOBILE APP PRIVACY POLICY

Effective Date: February 17, 2016

Introduction

This Privacy Policy (“Policy”) describes the privacy practices for the VEGGIEMOJI - Vegan Emoji Keyboard, and any affiliated sites and associated applications (the “App”), which are owned and operated by Sendtiment Corporation (“Company” or “We”). This Policy applies only to information we may collect or that you may provide when you purchase, download, install, register with, access or use the App, in e-mail, text and other electronic communications set through or in connection with this App and any other sources. This policy does not apply to information that we collect offline or on any other Company apps or websites, including websites you may access through this App or you provide to or is collected by any third party. Our websites and apps and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use this App. By downloading, registering with or using this App, you agree to this Policy. This Policy may change from time to time. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Children under the Age of 13

The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@sendtiment.com

Information We Collect and How We Collect It

We may collect information from and about users of the App directly from you when you provide it to us and/or automatically when you use the App.

Information You Provide to Us.

When you download, register with or use this App, we may ask you provide information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card number, geolocation, mobile device identification number, or any other identifier by which you may be contacted online or offline (“personal information”), or that is about you but individually does not identify you.

This information includes: (i) Information that you provide by filling in forms on the App. This includes information provided at the time of registering to use the App, subscribing to our service, posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App; (ii) records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us; (iii) Your responses to surveys that we might ask you to complete for research purposes; (iv) Details of transactions you carry out through the App and of the fulfillment of your orders (note that you may be required to provide financial information before placing an order through the App); (v) Your search queries on the App; and (vi) Your appearance at events where you use a QR code at the event location to indicate to us that you attended the event. You may be able to access features of the App by using your Facebook or other social media accounts. Your privacy settings on your Facebook or other social media accounts, as well as the social media companies’ respective privacy policies, will determine the personal and other information that may be shared with us when you access the App.

You may be able to provide information to be published or displayed (“Posts” or “Posted”) on public areas of websites you access through the App (collectively, “User Contributions”). Your User Contributions and Posts may be transmitted to others at your own risk. We cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot guarantee that your User Contributions will not be viewed by unauthorized persons.

Automatic Information Collection And Tracking.

When you download, access and use the App, it may use technology to automatically collect certain information, including but not limited to:

  • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App.
  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number.
  • Stored Information and Files. The App also may access metadata, tags and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
  • Location Information. This App may collect real-time information about the location of your device.

We also may use technologies to collect information about your usage of the App over time. We do not respond to web browser “do not track” signals.

Information Collection And Tracking Technologies. The technologies we use for automatic information collection may include:

  • Cookies. Most web browsers are set up to accept cookies. A cookie is a small file placed on your mobile device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your mobile device. However, if you select this setting you may be unable to access certain parts of our App.
  • Web Beacons. Pages of the App or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

Third-party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: advertisers, ad networks and ad servers, analytics companies, your mobile device manufacturer, your mobile service provider, etc.

These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services or websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you would like more information about this practice and to know your choices about not having this information used by these third-parties, please go to http://www.networkadvertising.org/choices.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the App and its contents, and any other information, products or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account or subscription, including expiration and renewal notices.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the App.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. We may use the information we collect to display advertisements to our advertisers’ target audiences. If you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated and de-identified information about our users without restriction. In addition, we may disclose personal information that we collect or you provide:

To our subsidiaries and affiliates.

To contractors, service providers, content providers, and other third parties we use to support our business.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our App users is among the assets transferred.

To third parties to personalize services and products offered to you.

To fulfill the purpose for which you provide it.

For any other purpose disclosed by us when you provide the information.

With your consent.

To comply with any court order, law or legal process, including to respond to any government or regulatory request.

To enforce our rights arising from any contracts entered into between you and us, including the Terms of Use, this Policy, and for billing and collection.

To protect safety and integrity of the App, its users, the public or other parties as is deemed appropriate, in its sole discretion.

To protect and defend our rights or property, you, or other third parties from fraud, abuse, or violation of the Terms and of Use or illegal acts.

If we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Transfer of Information

As we develop our business, we might buy or sell businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control, or other transactions. In such transactions, customer information generally is one of the transferred business assets and your information may be subject to such a transfer. You agree to and do hereby consent to any such transfer. Also, in the unlikely event of a bankruptcy, your information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.

Social Media Plug-ins

We may integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Twitter, Instagram, Tumblr, Pinterest and others, into the App. Plug-ins may transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in’s social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Policy.

Processing Your Information

The App is hosted in the United States, and governed by and operated in accordance with US law. Your use of the App from the European Union or any other place in the world means you agree to transfer, store and process your personal information to and in the United States, which laws may not provide the same level of protection of those in your country of access. We may limit the availability of the App or any service or product described in the App to any person or geographic area at any time. If you choose to access the App from outside Canada, you do so at your own risk.

Data Security

We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the personal information we collect online. These safeguards vary based on the sensitivity of the personal information that we collect and store. But the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the App, you are responsible for keeping this password confidential. You should not share your password with anyone. Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we take reasonable precautions to protect your personal information, we cannot guarantee the security of your personal information. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

  • Limitation of Liability
  • TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO (1) USE OF THE APP, CONTENT OR SERVICES OR (2) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE APP OR US$100.00, AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THESE TERMS IS TO CEASE USE OF THE APP. COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNATHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE APP, YOU ACKNOWLEDGE AND AGREEE TO COMPANY’S DISCLAIMER OF SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE APP. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Changes to Our Policy

We may update our Policy from time to time. Non-material changes will take effect immediately. If we make material changes, we will notify you by email (at the email address you have provided to us) or through notice on the App directly, and will also indicate as much at the top of this page. Material changes will take effect 30 days after such notice. We encourage you to review this Policy at least every 30 days to check for material changes.

Intellectual Property Rights Policy;

We respect the rights of intellectual property holders. If you believe that any content on the App violates your intellectual property rights, you can report such violation to us in accordance with Canadian laws. In the case of an alleged infringement, please provide the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the App (including the exact URL);

An address, a telephone number, and an e-mail address where we can contact you;

A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and

Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the Sendtiment designated agent listed below.

Legal Affairs, Sendtiment Corporation

Email: info@sendtiment.com

  • We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the App more than twice.

Contact Information

Privacy Concerns. If you have any concern or complaint about privacy on the App, please contact us at Legal Affairs, Sendtiment Corporation or email us at info@sendtiment.com. We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns.

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