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TERMS OF SERVICE

These Terms of Service (the “Terms”) govern your (“you”, “your”) access to and use of our platform located at https://sociables.com (the “Platform”) offered by SOCIABLES SOFTWARE INC. (“we”, “us” or “our”).

BY ACCESSING AND USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS AND USE THE PLATFORM.

  • SERVICES.  Subject to the terms and conditions herein, and any other applicable terms set out on the Platform, we provide you with access and use of our Platform. Use of certain features of the Platform will require signing up for a user account with your Email, username and password (the “User Account”). You must keep your password secure; do not share your password with anyone. You are responsible for any acts or omissions associated with the use of your User Account.
  • MARKETING COMMUNICATIONS.  You hereby consent to receive marketing communications from us via email, or any other form of communication, from time to time. You may opt-out at any time from such communications by emailing us at [email protected]. However, opting out of certain communications may affect your ability to use the Platform. You hereby consent to our retaining and storing any personal information provided by you through your access and use of the Platform, such as your name and Email, for the purpose of: (a) providing the Platform; (b) conducting internal reviews and improvements relating to the Platform; and (c) keeping a record for legal purposes.
  • INTELLECTUAL PROPERTY.  Except as expressly provided herein, these Terms do not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. We own all intellectual property rights in and to the Platform, and all related components and information therein. You hereby grant us a non-exclusive, worldwide, royalty-free license to use User Data for the purposes of providing and improving our Platform. “User Data” means the content and data that you submit through your access and use of the Platform. For certainty, we will retain and own a copy of any non-personally identifiable or aggregated information generated and/or collected by us in your access and use of the Platform.
  • DISCLAIMER.  YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES WITH RESPECT TO THE PLATFORM, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF NON-INTERRUPTION, SUITABILITY, UPTIME, QUALITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS WILL RESTRICT OUR RIGHT TO UPDATE, IMPROVE, TERMINATE, SUSPEND, OR OTHERWISE CHANGE ANY PART OR WHOLE OF THE PLATFORM FROM TIME TO TIME IN OUR SOLE DISCRETION AND WITHOUT NOTICE. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ANY AND ALL LIABILITY RELATING TO THE ACCESS AND USE OF ANY THIRD-PARTY PRODUCTS, SERVICES, LINKS AND/OR APPLICATIONS ACCESSIBLE THROUGH THE PLATFORM.
  • RELEASE & INDEMNIFICATION.  YOU HEREBY RELEASE AND FOREVER DISCHARGE US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS AND ASSIGNS (THE “RELEASED PARTIES”) OF AND FROM ANY AND ALL ACTIONS, LIABILITIES, DAMAGES, LOSSES, CLAIMS, AND DEMANDS (THE “CLAIMS”) OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING, WHICH YOU CAN, WILL OR MAY HAVE IN CONNECTION WITH OR ARISING FROM THE PLATFORM. YOU HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD THE RELEASED PARTIES HARMLESS AGAINST AND FROM ANY AND ALL THIRD-PARTY CLAIMS INCURRED OR SUFFERED BY THE RELEASED PARTIES AS A RESULT OF THE USER DATA THAT YOU PROVIDE US.
  • GENERAL.  We may modify these Terms at any time, so please review them periodically. By continuing to use the Platform after any modification, you consent to be bound by the modified Terms. These Terms will be governed and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.Unless otherwise expressly agreed between us in writing, these Terms, together with our Privacy Policy, constitute the entire agreement with respect to the subject matter contained herein and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law or public policy, all other terms, provisions and conditions of these Terms will nevertheless remain in full force and effect and will in no way be affected, impaired or invalidated. Upon any such determination that any provision(s) is invalid, illegal or incapable of being enforced, the impugned provision(s) will be modified so as to effect its original intent as closely as possible to the fullest extent permitted by applicable law. These Terms do not create a partnership, joint venture, agency, fiduciary or employment relationship. Any notice, report or other communication required or permitted to be given by us will be deemed to have been received if sent to your last known address or email address. These Terms may not be assigned by you. We may assign these Terms at any time and from time to time. These Terms will enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

THE TERMS AND CONDITIONS PROVIDED HEREIN WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND FORM AN ESSENTIAL CONDITION FOR OUR PROVISION OF THE PLATFORM.