Acceptance of the App Terms and Conditions of Use
These APP terms and conditions of use for [App], constitute a legal agreement and are entered into by and between you and Shelebration Tech Inc. (“Company,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through [App] (the “ App ”).
Modifications to the Terms and Conditions and to the APP
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the APP. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this APP, and the APP, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the APP is restricted to users or unavailable at any time or for any period.
Security of Information
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the APP. Users are required to ensure that all persons who access the APP through a user’s internet connection are aware of these Terms and Conditions and comply with them. The APP, including content or areas of the APP, may require user registration. It is a condition of your use of the APP that all the information you provide on the APP is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our APP. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the APP.
What You Can Share and Do on the App
We encourage users to use the App to express themselves and share content with others, without jeopardizing the safety and well-being of others or the integrity of our community. You therefore agree not to engage in or facilitate or support any of the conducts described below :
- You may not use our App to do or share anything that (i) violates these Terms and other terms and policies that apply to your use of the App; (ii) is unlawful, misleading, discriminatory or fraudulent; or (iii) infringes or violates someone else’s rights, including their intellectual property rights.
- You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our App.
- You may not access or collect data from our App using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove or restrict access to content that is in violation of these provisions at any time. We can also remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to the App.
The Authorization You Give Us
You own the intellectual property rights (including copyright or trademarks) in any such content that you create and share on the App. Nothing in these Terms takes away the rights you have to your own content and you are free to share your content with anyone else and at any other place.
However, to operate the App we need you to authorize us to use your content solely for the purposes of providing and improving the App and services associated with it. To this end, you hereby grant us a non-exclusive, transferrable, sub-licensable , royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content that you shared, posted, or uploaded to the App which is covered by intellectual property rights.
You can delete any content you created or shared on the App or deleted your account completely at once and by so doing, the deleted content or all your content under your account that is deleted will be no longer visible to other users, however, it may continue to exist elsewhere on our systems where:
- Immediate deletion is not possible due to technical limitations, in which case your content will be deleted whenever the technical limitations are removed;
- Your content has been used by others in accordance with this license and they have not deleted it, in which case this license will continue to apply until they delete the content; or
- Where it becomes necessary for us to retain the content for the purpose to (i) investigate or identify illegal activity or violations of our terms and polices; (ii) comply with a legal obligation, such as preservation of evidence; or (iii) comply with a request of a judicial or administrative authority, law enforcement or a government agency, in which case, the content will be retained for so long as necessary to fulfill the purpose for which it is retained.
Protection of Our Intellectual Property Rights
The Company name and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of us. Other names, logos , product and service names, designs, images, and slogans mentioned, or which appear on this APP are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
Account Suspension and Termination
If we determine that you have clearly, seriously or repeatedly breached our terms or policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
We make no representations, warranties, or guarantees, whether express or implied, that the content on our APP, whether created or posted by us or by anyone else, is accurate, complete, or up to date. Your use of the APP is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this APP.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSENT RESECURITY, SUCCESSENT, SUPPLIERS, OR SUCCESSENT RESECURITY, SUCCESS ACCURACY, CURRENCY, OR AVAILABILITY OF THE APP OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORGENTS, OFFICERS, AVEE EE EEORS, SUPPLOYERS,,,,, ,,,,,, THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE APP AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, JETROES, HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY THROUGH SERVICES OR ITEMS FOR OR ATTAINED TOANY FOR OR ATTAINED TOANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONVTORS, SERVICE PROVIDERS, CONTRACTORS, SERVICE PROVIDERS, CONTRACTORS, SERVICE PROVIDERS, CONTRACTORS, SERVICE PROVIDERS, CONVTORS, LIC, OR, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNIFERIVE SUMOTION DISERSON, LIMITED , LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERISE ,EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW,ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE APP, ANY LINKED APPS OR SUCH OTHER THIRD-PARTY APPS, NOR ANY APP CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Governing Law and Choice of Forum
The APP and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this APP and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Reporting and Contact
This APP is operated by Shelebration Tech Inc. at 4248 14th Ave, Markham Ontario, L3R 0J3 Canada
All feedback, comments, requests for technical support, and other communications relating to the APP should be directed to firstname.lastname@example.org
Date: 27th October, 2021