TERMS AND CONDITIONS OF PV RANDOM CHALLENGE
Last revision: October 22, 2020
The following Terms and Conditions govern and apply to your use of or reliance upon this application maintained by PV/apps inc. (the « Application »).
Your access or use of the Application indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Application. Your continued use of the Application will be considered your acceptance to the revised Terms and Conditions.
1. AGE RESTRICTION
You must be at least thirteen (13) years of age to use this Application or any services contained herein. Your access or use of this Application indicates your representation that you are at least thirteen (13) years of age. We assume no responsibility or liability for any misrepresentation of your age.
2. INTELLECTUAL PROPERTY
All intellectual property on the Application (except for User Generated Content, as defined below) is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Application (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
3. USE OF COMPANY MATERIALS
4. USER GENERATED CONTENT
« User Generated Content » is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Application users post or otherwise make available on or through the Application, except to the extent the content is owned by us.
5. ACCOUNT AND ACCOUNT USE
If your use of the Application requires an account identifying you as a user of the Application (an « Account »):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
6. AFFILIATE MARKETING & ADVERTISING
We, through the Application and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Application. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
7. ACCEPTABLE USE
You agree not to use the Application for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Application in any way that could damage the Application, the services or the general business of PV/apps inc.
You further agree not to use and/or access the Application:
a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others;
i ) publish or distribute content for which he does not have the rights or permission, for example, but not limited to, publish content on which it would be possible to identify a person who has not given his consent upon publication or distribution.
8. PROTECTION OF PRIVACY
Through your use of the Application, you may provide us with certain information. By using the Application, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Application, we may also receive information from external applications you use to access our Application, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our Application, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for the following period of time: 1 year. After that time, all information about you will be deleted.
9. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Application;
b) Violate the security of the Application through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
10. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Application is at your own risk.
You defend and indemnify Install and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Application, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
12. SPAM POLICY
You are strictly prohibited from using the Application or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
13. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Application.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
15. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Application to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Application may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
16. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Application, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Application or our or any third party’s equipment or network is impaired by your use of the Application, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Application, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Application.
17. NO WARRANTIES
Although we have made reasonable efforts to ensure that the content of this Application is accurate, we cannot guarantee that such content is error-free, up-to-date or complete. Under no circumstances can we be held responsible for any damage that may result from an error in the Application.
We assume no responsibility for any damage resulting from the misuse of the content of the Application. We also cannot guarantee that the Application will be available without interruption, without errors or omissions, or that defects will be corrected. It is also not possible to guarantee that the Application and the servers which make it available are free from viruses or harmful components. The Application and its content are provided « as is » and « as available » without any representation, warranty or condition of any kind, express or implied.
If you decide to subscribe to any services or features of the Application that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and to ensure their accuracy by making the necessary updates as soon as possible. You agree to maintain the confidentiality of all passwords or other account identifiers that you have chosen or that will be assigned to you when registering or subscribing to PV Random Challenge or its partners and to assume the responsibility for all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We can not be held responsible, directly or indirectly, for any loss or damage of any kind arising from your failure to comply with this provision or related to such failure.
You acknowledge that we may, in our sole and absolute discretion, without notice, suspend, cancel or terminate your account, your use of or access to the Application or any of its services, and withdraw and delete any information or content relating to the Application or one of the services offered (and terminate your use of it), for any reason whatsoever, including if we believe that you have violated these conditions . Further, you acknowledge that we will not be liable to you or to anyone as a result of any such suspension, cancellation or termination. If you are dissatisfied with PV/apps inc. or any of its services, or any of these terms, rules, policies, guidelines or our practices relating to the operation of PV/apps inc. or any of its services, your only recourse is to stop using the Application or the service in question.
19. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Application, to the fullest extent permitted by law. The maximum liability of PV/apps inc. arising from your use of the Application is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Install in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
20. QUESTIONS AND ADDITIONAL INFORMATION
For any questions or for further information, please contact us at the following address: firstname.lastname@example.org