Searchie Terms of Service

Updated: Dec 1st, 2019

MPORTANT: PLEASE READ BEFORE USING THIS WEBSITE AND PLATFORM. 

This website (the “Site”) is operated by SEARCHIE INC. (“Searchie”). Throughout the Site, the terms “we”, “us”, and “our” refer to Searchie, and the terms “you” and “your” refer to the user of this Site.

YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use apply to all users of this Site. By using this Site you expressly agree to comply with and be bound by these Terms of Use which, for clarity, include any and all additional terms, conditions and policies referenced and/or made available herein. If you do not agree to these Terms of Use, you may not access or use this Site.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated by reference herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent that there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use shall govern.

WHAT WE DO

In short, you upload video or audio content onto our servers and our service makes your videos searchable (the “Services”). 

OWNERSHIP OF THIS SITE AND ITS CONTENT

This Site, including all its content, are protected under applicable intellectual property laws and other laws, including without limitation the laws of the Province of Ontario and the laws of Canada applicable therein. All content contained herein is the property of us pursuant to applicable intellectual property laws. The video or audio content that you upload onto our servers remains your property and you may remove or ask us to delete any such content at any time. If you terminate your account with us, we will delete all content that you have uploaded to our servers. If you pause or put your account with us on hold, we will keep all content that you have uploaded on our servers so that it remains on our servers for your use when your account is reactivated.

YOUR OBLIGATIONS

In consideration of our provision to you of access to this Site and to the Services, you agree that to the extent you provide personal or other information to the Site, it will be true, accurate, current, and complete in all respects, and that you will update all personal or other information from time to time, as necessary.

We reserve the right to refuse access to this Site and/or to our Services, to anyone for any reason and at any time, in our sole discretion. We reserve the right to, at any time and from time to time, modify or discontinue, either temporarily or permanently, your use of our Site and Services (or any part thereof), with or without notice to you.

In using this Site, you covenant not to transmit any viruses or worms of any nature and not to use this Site in an illegal manner or for any illegal purpose(s).

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of these Terms of Use or any content on our Site, without our express written consent.

REFERRAL LINKS AND AGREEMENTS

This Site may contain certain hyperlinks from time to time, which may be controlled by parties other than us. Such third-party hyperlinks may direct you to third party websites that are not controlled by or affiliated with us. You acknowledge and agree that we are not responsible for evaluating the content or accuracy of, and we do not represent or warrant and will have no liability or responsibility whatsoever for, any damages or losses of any nature arising from, or caused or contributed by, directly or indirectly, your use of any third party website, product or service. You acknowledge that you bear all associated risks regarding the access to and use of such third-party hyperlinks and you hereby release us from any loss or damage incurred from dealing with such third-party hyperlinks or websites.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT OR THE SERVICES, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT, AS APPLICABLE) ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE OR SERVICES WILL BE IN CONTINUOUS OPERATION AT ALL TIMES AND YOU EXPRESSLY ACKNOWLEDGE THIS.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, OR ANY HYPERLINKS CONTAINED HEREIN OR THEREIN, WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING BUT NOT LIMITED TO VIRUSES).

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES TOWARDS THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, CONTENT, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

WE MAY TRANSMIT CREDIT CARD INFORMATION TO THIRD PARTIES FOR CREDIT CARD PROCESSING. YOUR USE OF THIS SITE CONSTITUTES YOUR EXPRESS CONSENT TO ANY SUCH TRANSMISSION.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY DAMAGES, COSTS, LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA OR CONTENT; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY NATURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR FROM THE PROVISION OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT IN ALL CASES OUR LIABILITY FOR ANY DAMAGES, COSTS, LOSSES OR INJURY RELATING TO OR CAUSED OR CONTRIBUTED BY, DIRECTLY OR INDIRECTLY AND IN ANY MANNER WHATSOEVER, YOUR USE OF THIS SITE OR THE PROVISION OF THE SERVICES, IS STRICTLY LIMITED TO THE AMOUNT OF CONSIDERATION PAID BY YOU TO US, IF ANY, FOR THE USE OF THIS SITE AND/OR THE RECEIPT OF THE SERVICES.

WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing to be effective. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to applicable laws, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

GOVERNING LAW, JURISDICTION AND VENUE

These Terms of Use shall be governed under the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use or our provision of the Services will be under the jurisdiction of the courts of the Province of Ontario. You hereby irrevocably attorn to the jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

INDEMNITY

You agree to indemnify, defend and hold us harmless from any loss, liability, claim, or demand of any nature, including our reasonable legal fees, made against us by any third party due to or arising out of, directly or indirectly, your use of this Site or your receipt of the Services, whether or not in violation of these Terms of Use, or arising from, directly or indirectly, a breach of these Terms of Use and/or if any material that you post using this Site causes us to be liable to any third party.

TERMINATION:

The obligations and liabilities set out herein shall survive indefinitely, for all purposes.

THESE TERMS OF USE MAY CHANGE

These Terms of Use are current as of the date in which you access the Site. We reserve the right to change these Terms of Use from time to time and without notice to you. Any such changes will be effective as of the date we post the revised version of these Terms of Use on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your express agreement to be bound by the revised Terms of Use. If at any time you do not accept these Terms of Use, you may not use this Site. You can review the most current version of these Terms of Use at any time by visiting this webpage.

If you have any questions about this Terms of Use, please contact us at:  155 Lynden Rd Unit 5B, Brantford, ON  N3T 5L8 or [email protected]