TERMS OF SERVICE
WEKICK INC.
EFFECTIVE: JUNE 20TH, 2021
BY ACCESSING THIS WEBSITE OR APPLICATION YOU AGREE TO THE TERMS OF SERVICE HEREIN. PLEASE READ THE TERMS OF SERVICE CAREFULLY. THE TERMS OF SERVICE (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND WEKICK INC. (“WEKICK”, THE “COMPANY”, “WE,” “US,” OR “OUR”).
1. ACCEPTANCE OF THIS AGREEMENT
If you access the website located at www.wekick.ca (the “Site”) install or use Wekick’s mobile application (the “Mobile Application”), install or use any other Software supplied by Wekick or access any information, function, or service available or enabled by Wekick (each, a “Service” and collectively, the “Services”), or complete the Wekick account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) you have read, understand, and agree to be bound by this Agreement;
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Wekick (the “Minimum Age”); and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use Wekick’s Services. Generally, Users will be soccer related players, coaches, organizers, fans, teams, groups, sports teams, and more.
2. WEKICK’S ROLE
Wekick provides two-fold services, the first being a neutral online platform enabling the connection between Users seeking to participate in professional, leisure, or recreational soccer related activities, such as pick-up soccer games, professional soccer games, modified soccer games, soccer training and practice, soccer game viewing, and beyond (the “Participation Services”). The second being a neutral online social media platform enabling Users to share and view soccer related content, send and receive messages, add friends and like minded individuals, track and compare soccer related statistics, organize in-person games and meetings, and beyond (the “Social Media Services”). Although Wekick permits Users to engage in in-person interactions such as soccer games, Wekick does not participate in such in-person interactions between Users. Wekick’s role is restricted to the administration and proper functioning of the Services, and Users are expected to participate in in-person activities at their own volition and judgment.
The Participation Services allow Users to (1) create and join soccer related teams, groups, leagues, and more (2) organizing and joining soccer related games, practice sessions, viewing parties, and more, and (3) establishing game rules, player requirements, venues, and more. Users can communicate with each other through multiple communication methods made available through the Services, to engage in and carry out the Participation Services.
The Social Media Services allow Users to (1) create and share soccer related content such as videos, images, text posts, and more, (2) interact with and share the content of other Users, (3) view and engage with leaderboards, scoreboards, statistics, and more, (4) direct message and communicate with other Users for the purposes of organizing and administering soccer events or soccer associations such as a leagues, teams, and groups, and (5) direct message and communicate with other Users for the purposes of interacting with like minded individuals and cultivating relationships.
3. YOUR ROLE
Users acknowledge and understand that Wekick merely provides an online platform for the purposes of the Participation Services, described above. Wekick itself does not itself attend soccer games and events administered by Users through the Services. Although Wekick takes precautions and safety measures through the Services (as described later in this Agreement), Users are expected to self-administer in-person events, meet-ups, and any other activities which require the in-person engagement of Users. Users understand that there are inherent risks of interacting with Users in-person such as the risk of injury during soccer events, personal safety risks of interacting with Users met through the Services (as described later in this Agreement), and more.
Users shall comply with the following when organizing and during in-person activities:
(a) Users shall not discriminate against other Users based upon race, religion, socio-economic status, gender identity, sexual orientation, or other unique identifiers of Users;
(b) Users shall cultivate a safe and inclusive environment during in-person activities, which promotes inclusion and safety of participants;
(c) Users shall not engage in any activities which other Users may perceive as bullying, threatening, or harassing during in-person activities;
(d) Users shall comply with the rules and regulations established for in-person activities through the Services;
(e) Users shall comply with and follow the instructions of in-person event organizers and leaders, unless such instructions are illegal, discriminatory, or unsafe; and
(f) Users shall not use the Participation Activities as a mechanism to organize illegal or criminal activities and events, such as gangs, violence, and hate organization.
Users acknowledge and understand that Wekick merely provides a neutral online social media platform, as described above. Users understand that the content shared on the platform, including, videos, photos, text posts, direct messages, and more, is shared by other Users. Wekick does not share any such content, save and except, for content that may be administered on Wekick’s page on the Services or other limited interactions it may have with Users through its page. Although Wekick takes precautions and preventative measures to ensure the appropriateness and lawfulness of content generated by Users, Users themselves are expected to exercise proper judgment and due care prior to sharing any content.
Users shall comply with the following when producing any content to be shared on the Services, among other things:
(a) Users shall not discriminate against other Users based upon race, religion, socio-economic status, gender identity, sexual orientation, or other unique identifiers of Users;
(b) Users shall not share content which may cause psychological or emotional harm to other Users, including, but not limited to, content which unfairly targets a User and content which harasses a User;
(c) Users shall not share content which is untasteful or offensive such as pornography and violence; and
(d) Users shall not use the content to promote hate agendas and propaganda.
4. MODIFICATIONS
Wekick reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
5. ADDITIONAL TERMS AND POLICIES
By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Wekick’s Privacy Policy, which is incorporated in this Agreement by reference. Certain features of our Services may be subject to additional terms and conditions, which to the extent permitted by applicable law are incorporated herein by reference.
6. ADDITIONAL RULES AND PROHIBITIONS
By using the Services, you agree that:
(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, Wekick employees, or our community.
(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other intellectual property rights or other rights of any third party, including privacy, personality or publicity rights.
(c) You will only access the Services using means explicitly authorized by Wekick
(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(e) You will not use the Services to cause nuisance, annoyance or inconvenience.
(g) You will not copy or distribute the Software or any content displayed through the Services for republication in any format or media.
(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, non-commercial use.
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
(k) You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Services to a third party.
(l) You will not use the Services in any way that could damage, disable, overburden or impair any Wekick server, or the networks connected to any Wekick server.
(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any Wekick server.
(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Wekick may use to prevent or restrict access to the Services or use of the Services or the content therein.
(o) You will not deep-link to the Wekick website or access the Wekick website manually or with any robot, spider, web crawler, extraction Software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the Wekick website or any content on the Wekick website.
(p) You will not conduct any systematic retrieval of data or other content from the Services.
(q) You will not try to harm other Users, Wekick, or the Services in any way whatsoever.
(r) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
(u) You will not use the Services as a platform to defraud other Users and fraudulently obtain funds through electronic or other methods.
7. INDEPENDANT USERS
You understand and acknowledge that Wekick merely provides an online platform and cannot control the actions of its Users. Although Wekick takes precautionary measures to protect Users, Wekick cannot guarantee that all Users will comply with this Agreement and will act in an appropriate manner towards other Users. You acknowledge that Users are independent parties and may engage in activity that is hurtful, such as the sharing of content which is derogatory. You acknowledge that such content or other hurtful activity is stemming from the independent Users and not from Wekick itself. To promote the safety and wellbeing of all Users, Wekick requests that you report any and all activity that you may believe is hurtful, offensive, or otherwise negative to the Wekick community, and Wekick shall take the appropriate measures to deal with such activity. You further acknowledge that Wekick cannot control the actions of Users during in-person interactions such as soccer games. The Users are independent parties and may engage in behaviour that is offensive or hurtful towards other Users. Wekick requests that you report any and all such activity to it and Wekick shall take appropriate measures against such User. To cultivate a safe and inclusive online and in-person environment, Wekick requests your continued cooperation and asks that you comply with the following:
(a) immediately report any Users which you may believe are acting in contravention of this Agreement;
(b) flag any and all content and materials posted by the Users which you may believe is offensive, hurtful, or negative to the Wekick community; and
(c) provide feedback and comments to Wekick allowing it to continue to cultivate a safe and inclusive community.
8. PERSONAL INJURY AND ILLNESS
You understand and acknowledge that the soccer related activities and events administered by Users through the Services may be hazardous. For instance, you may be physically hurt during an event arranged through the Services, be deliberately or accidentally physically harmed by another User or participant during an event arranged through the Services, be exposed to contagious viruses such COVID-19 or other contagious diseases during an event arranged through the Services. You understand and acknowledge that this may result in serious illness, personal injury, permanent disability, death, or property damage. You acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others. You understand that Wekick cannot guarantee that you will not become injured or hurt while participating or observing the soccer related activities and events through the Services.
NOTWITHSTANDING THE RISKS ASSOCIATED WITH OBSERVING OR PARTICIPATING IN SOCCER RELATED ACTIVITIES AND EVENTS ADMINISTERED BY USERS THROUGH THE SERVICES, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY ENTERING THE PLACES WHERE SUCH ACTIVITIES AND EVENTS OCCUR TO ENGAGE IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO ANY PHYSICAL HARM OR COVID-19 OR OTHER DISEASE, ARISING FROM BEING PRESENT DURING THE ACTIVITIES OR EVENTS.
You also hereby release and forever discharge and hold harmless Wekick (as well as its affiliates, members, agents, officers, managers, representatives, heirs, executors, attorneys, employees, successors and assigns) from all liability for injury, illness, death, or property damage which arise or may hereafter arise from your participation in or observation of such activities or events. You also understand that Wekick assumes no responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness. You hereby release and forever discharge Wekick from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with your participation in or observation of any activities or events. You understand that by agreeing to this release, you are waiving any and all claims of any kind arising out of or attributable to your being on the premises or observing or engaging in any event or activity and being physically harmed, and exposed to or contracting disease, including those claims that may be unknown to you, or which you do not suspect to exist at this time.
You are familiar with federal, provincial, and local laws, orders, directives, and guidelines related to COVID-19. You will comply with all such orders, directives, and guidelines while observing or participating in the activities and events, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings. You agree not to observe or participate in the activities or events or enter the premises where the activities or events occur if you are experiencing symptoms of COVID-19, have a confirmed or suspected case of COVID-19, or have come in contact in the last 14 days with a person who has been confirmed to have or suspected of having COVID-19.
9. USER ACCOUNTS
You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify Wekick immediately. Wekick will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Wekick or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Wekick has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Wekick has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by Wekick, or if you have been previously banned from use of the Services.
10. USER CONTENT
(a) User Content. Wekick may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant Wekick a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with Wekick’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant Wekick a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to Wekick herein shall survive termination of the Services or your account. Wekick reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that Wekick may monitor and/or delete your User Content (but does not assume the obligation) for any reason in Wekick’s sole discretion. Wekick may also access, read, preserve, and disclose any information as Wekick reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Wekick, its users and the public.
(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Wekick through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Wekick has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Wekick a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of other Users (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Wekick and do not represent the views of Wekick or its affiliates. Wekick shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience; (ii) you will not submit a Rating or Review in exchange for payment or other compensation; and (iii) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.
11. COMMUNICATIONS WITH WEKICK
By creating a Wekick account, you electronically agree to accept and receive communications from Wekick, and third parties providing services to Wekick including via email, text message, calls, and push notifications to the cellular telephone number you provided to Wekick If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the settings in your account. You may also opt-out of receiving text messages from Wekick by replying “STOP” from the mobile device receiving the messages.
12. INTELLECTUAL PROPERTY
Unless otherwise indicated, the Services are Wekick’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and the Mobile Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site or Mobile Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site and the Mobile Application, you are granted a limited license to access and use the Site and the Mobile Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
13. PAYMENT TERMS
(a) Generally. You may be required to pay fees to access certain features of the Services. All fees are in Canadian dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
(b) Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service through the settings in your account; by contacting us at info@wekick.ca.
14. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 15 days before initiating legal action. Such informal negotiations commence upon written notice from one Party to the other Party.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the Province of Ontario and the Parties hereby consent to, and waive all defenses with respect to venue and jurisdiction in such courts.
15. THIRD PARTY INTERACTIONS
The Software may contain (or you may be sent via the Software) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
16. APP STORES
You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and Wekick and not with the App Store. Wekick, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.
17. INDEMNIFICATION
You agree to indemnify and hold harmless Wekick and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software or Services; (c) your breach of this Agreement or any representation, warranty, condition or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and attorneys’ fees incurred by the Indemnified Party. Wekick reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wekick in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
18. SOCIAL MEDIA
As part of the functionality of the Software, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WEKICK MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. WEKICK DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WEKICK SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
20. INTERNET DELAYS
The Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in Wekick’s privacy policy or as otherwise required by applicable law, Wekick is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.
21. BREACH AND LIMITATION OF LIABILITY
Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WEKICK’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO WEKICK IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WEKICK SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE).
22. TERMINATION
If you violate this Agreement, Wekick may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists. In addition, at its sole discretion, Wekick may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, Wekick reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
23. GENERAL TERMS AND CONDITIONS
(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Wekick or any third party provider as a result of this Agreement or use of the Software or Services.
(b) Choice of Law. This Agreement is governed by the laws of the Province of Ontario and the country of Canada.
(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
(d) Notice. Where Wekick requires that you provide an e-mail address, you are responsible for providing Wekick with your most current e-mail address. In the event that the last e-mail address you provided to Wekick is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Wekick’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Wekick through the following web form at www.wekick.ca. Such notice shall be deemed given on the next business day after such e-mail is actually received by Wekick
(e) Electronic Communications. For contractual purposes, you (1) consent to receive communications from Wekick in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Wekick provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.
(g) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wekick without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
(h) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Wekick relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.
24. CONTACT INFORMATION
Wekick Inc.
info@wekick.ca
