By installing or using the GoRecommend software application on Facebook, you hereby confirm that you have read and understand these Terms of Use. These Terms of Use shall be considered applicable to your use of the GoRecommend Application.
In these Terms of Use the following terms are defined as follows:
This Agreement pertains to your installation and your use of the GoRecommend Application. These Terms of Use include the policy for acceptable use by you of the GoRecommend Application and for content posted by you through the GoRecommend Application and sets forth your rights, obligations and restrictions regarding use of the GoRecommend Application.
We have attempted to lay out in this document all terms and conditions for the safe and productive use of the GoRecommend Application. If a matter or dispute arises that is not covered by these Terms of Use, it will be resolved at Company’s sole discretion, but in conversation with the affected parties and within the governing law. If you disagrees with the resolution, your sole recourse will be to stop using the GoRecommend Application and removing the GoRecommend Application from your Facebook page.
A. In consideration of Us permitting you to install and use the GoRecommend Application and in consideration of the mutual covenants contained in this Agreement, you agree to the terms and conditions in this Agreement which shall govern our relationship. This Agreement is a legal agreement between you and Us.
B. By using the GoRecommend Application, you: (a) agree to be bound by the Terms in this Agreement and (b) represent and warrant that you are authorized to bind yourself to the Terms in this Agreement. Please read these Terms carefully and save them. If you do not agree with them, you should stop using the GoRecommend Application and should you should delete the GoRecommend Application from your Facebook page.
1.1 In consideration for your use of the GoRecommend Application, you represent and warrant to us the following:
1.2. Authority To Enter This Agreement. You have all necessary right, power and authority to enter into and perform your obligations as required under this Agreement and you are not barred from installing and using the GoRecommend Application under the terms of Facebook and under the laws of Canada, the United States or the jurisdiction where you are located.
1.3. Age.
(a) If you are located in the United States, you are 13 years old or older as of the date that you first use the GoRecommend Application or first install the GoRecommend Application on your Facebook page. Under United States law, you must be at least 13 years of age to use the GoRecommend Application. (Children’s Online Privacy Protection Act of 1998 at http://www.ftc.gov/ogc/coppa1.htm).
(b) If you are located in Canada, the United Kingdom, or any other country other than the United States, you are 18 years old or older as of the date that you first use the GoRecommend Application or first install the GoRecommend Application on your Facebook page. If you are under the age of 18, you have obtained your parent’s permission to install and use the GoRecommend Application.
1.4. Accuracy. All information provided by you to us is true, accurate, valid, current and complete. If you do not provide such information, or we reasonably suspect that you have not, we have the right to refuse any and all use or access to the GoRecommend Application by you, including forfeiture of any prizes or awards won in any contest or sweepstakes offered to users of the GoRecommend Application.
2.1. Additional Terms. To use certain features of the GoRecommend Application, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions, they will be considered to be incorporated into these Terms and form a part of this Agreement.
2.2. Third Party Terms. The GoRecommend Application may integrate with other services provided by third parties. In such a case, you may be subject to additional terms and conditions. Unless otherwise provided by the additional terms and conditions, they will be considered to be incorporated into these Terms and form a part of this Agreement.
2.3. Modification of Terms. We may modify these Terms from time to time. You agree that such modification shall be effective upon being made available from a website link available from the GoRecommend Application and you will be bound to any changes when you use the GoRecommend Application after such modification is posted. It is therefore important that you review these Terms regularly to ensure you are updated regarding any changes. If the modification constitutes a material change, we may notify you here, by email or through a notice within the Application or through Facebook. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. Notice will be considered to have been delivered once sent or posted. Any use of the GoRecommend Application after modification of the Terms will constitute acceptance by you of such changes. Your sole remedy should you not agree with the modified Terms shall be to cease using the GoRecommend Application and deleting it from your Facebook page.
3.1. Personal Non-Commercial Limited Use. You agree that: (a) you will use the GoRecommend Application only for permitted uses including recommending products and/or services to other Users for any other use permitted pursuant to these Terms; (b) your use of the GoRecommend Application is for your sole, personal use (or the entity on whose behalf you are entering into this Agreement); and (c) except as expressly authorized by this Agreement, you will not make any use of the GoRecommend Application or its contents for any commercial purposes, nor will you authorize others to do so.
3.2. Unauthorized Conduct. You agree that you will not directly or indirectly engage in any illegal or prohibited conduct, on or through the GoRecommend Application, including but not limited to the following:
3.2.1. Illegal Activity. You agree not to: (i) engage in any: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, or sending of viruses or other harmful files; copyright infringement, patent infringement, or theft of trade secrets; or violation of export control laws or any and all applicable local, state, national and international laws and regulations in connection with your use of the GoRecommend Application; or (ii) use the GoRecommend Application for any illegal or any purpose not authorized or permitted by these Terms. You must also comply with all local laws in the jurisdiction where you are located regarding online conduct and acceptable content.
3.2.2. Advertising Or Solicitation. You agree not to: (i) create, upload, post, e-mail, transmit, submit or otherwise make available unsolicited commercial messages that are unrelated to the GoRecommend Application; (ii) engage in advertising to, or solicitation of, any other User to buy or sell any products or services; (iii) collect usernames and/or email addresses for the purpose of sending unsolicited email; (iv) use any information obtained from the GoRecommend Application to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Company reserves the right to restrict the number of messages which a User may send to other Users in any 24-hour period to a number which Company deems appropriate in its sole discretion. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed by Company without notice and may result in termination of your account;
3.2.3. Obscuring Advertisements and Other Information. You agree not to cover or obscure using any method including via HTML/CSS or any other means the information displayed by the GoRecommend Application;
3.2.4. Scripting, Hacking Or Interfering. You agree not to: (i) make any automated use of the GoRecommend Application, (such as through scripts, data mining, robots, screen-scraping, or similar data gathering or posting tools); (ii) make available any material that contains software viruses, worms, any other code, files or programs of a destructive nature (or designed to interrupt, destroy or limit the functionality of the GoRecommend Application, Facebook, or any User’s software or hardware); (iii) interfere with, disrupt, or create an undue burden on the GoRecommend Application or the networks or services connected to the GoRecommend Application; or (iv) act in a manner that negatively affects the ability of other Users to use the GoRecommend Application;
3.2.5. Impersonation And Use Of Another User. You agree not to (i) attempt to or actually impersonate Us, another User, person, entity, or company; (ii) use any information obtained from the GoRecommend Application in order to impersonate Us, another User, person, entity, or company;
3.2.6. Harassment. You agree not to abuse, harass, threaten, intimidate or harm Users or others or use any information obtained from the GoRecommend Application in order to do so;
3.2.7. False Association And Attribution. You agree not to: (i) engage in any conduct which states or implies any false association between Company or its GoRecommend Application and yourself or another person, entity, or company; (ii) forge or manipulate headers or identifiers in order to disguise the origin of any content transmitted through the GoRecommend Application; or (iii) misattribute or otherwise claim as your own the copyrighted works of another party.
3.3 Unauthorized Content. The following prohibitions are applicable to all information that you upload to or post using the GoRecommend Application (including, but not limited to video, data, images, graphics, photos, text, information, screen names, profiles, messages, software, XML, RSS, HTML and links) (“Content“). You agree that you will not post or transmit any prohibited Content, including but not limited to the following:
3.3.1. Inappropriate Material. You agree not to post using the GoRecommend Application, or transmit to other Users any Content or material which: (i) is a complaint or describes a negative experience or negative opinion of a third party or product or service; (ii) is illegal, inaccurate, false, misleading, defamatory, abusive, obscene, profane, vulgar, tortious, libelous, slanderous, derogatory, patently offensive; (ii) promotes illegal activities or furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (iii) is sexually oriented or sexually explicit, or which contains nudity or obscene or lewd subject matter, exploits people in a sexual manner, contains a link to an adult website, or uses sexually suggestive imagery; (iv) solicits personal information from anyone under 18; (v) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (vi) provides any telephone numbers, street addresses, last names, URLs or email addresses of any other person; (vii) includes a photograph of another person that you have posted without that person’s consent; (viii) is excessively violent or exploits people in a violent manner; (ix) is threatening, harassing or abusive, or which advocates threats against, harassment of or abuse of another person; (x) is hateful, harmful or racially offensive, or which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (xi) infringes or violates another party’s rights (including, but not limited to, copyrights, licenses, other intellectual property rights, contractual or fiduciary rights and obligations, and rights of privacy and publicity); (xii) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (xiii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; (xiv) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xv) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (xvi) contains unfair, misleading or deceptive Content; or (xvii) otherwise offensive or objectionable as determined in the sole discretion of the Company.
3.3.2. Personal Information. Publicly accessible information made available by the User through the GoRecommend Application may not include their telephone number, street address or last name unless such information is inputted into designated fields in the GoRecommend Application.
3.3.3. Content Of Other Users. The GoRecommend Application contains Content of Users and other licensors. Except for Content posted by you or as expressly authorized by this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the GoRecommend Application.
3.4. Maintenance. You agree to (a) maintain and promptly update your account information with Facebook to keep it true, accurate, current and complete.
3.5. You Are Responsible For Your Conduct And Your Content. With respect to the GoRecommend Application, you are fully and solely responsible for (a) any activity that occurs through the GoRecommend application installed on your Facebook page, including any violation of this Agreement, (b) your own conduct and your interactions with other Users, and (c) any Content, material or information that you upload, create, post, display, publish, e-mail, communicate, transmit or otherwise make available, or which you transmit to other Users through the GoRecommend Application.
3.6. Company’s Rights Regarding Conduct And Content. Company reserves the right to investigate and take appropriate action against anyone who, in Company’s sole discretion, (a) violates the foregoing provisions regarding prohibited conduct and Content, (b) violates or is alleged to violate any applicable law or the letter or spirit of this Agreement, (c) engages in conduct which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company’s action may include, without limitation, reporting you to law enforcement authorities, removing, refusing or moving offending Content from the GoRecommend Application. If a dispute or claim arises from Content, Company reserves the right to remove the Content until a bona fide resolution has been reached. Company is in no position to resolve such claims or disputes, and we will not referee your disputes. There are no assurances whatsoever that any Content you submit shall actually be utilized by the GoRecommend Application, if so utilized, continue to be available for any particular time.
3.7. Disclaimer Regarding Conduct And Content. Despite the above-stated prohibitions on inappropriate conduct and Content, information provided by other Users and conduct of other Users may violate some or all of the foregoing prohibitions. Company does not endorse and has no control over the conduct or Content of other Users. User conduct and Content is not necessarily reviewed by Company and does not necessarily reflect the opinions or policies of Company. Company assumes no responsibility or liability for this conduct or Content and makes no warranties, express or implied, as to User conduct or Content, including its accuracy or reliability, or of any material or information that you or other Users transmit by or through the GoRecommend Application. Company assumes no responsibility for monitoring the GoRecommend Application for inappropriate conduct or Content. If at any time Company chooses, in its sole discretion, to monitor the GoRecommend Application, Company nonetheless assumes no responsibility to modify or remove any inappropriate Content, and no responsibility for the conduct any other User.
3.8. Reporting. If you become aware of misuse of the GoRecommend Application by any person, including any inappropriate conduct or Content, please contact Company at support@gorecommend.ca.
In certain circumstances a visitor may require assistance from Empathica to complete a Survey. In this event they may be asked to post a message to Empathica using an e-form and Personal Information will be required. In this case the Personal Information will only be used to contact a visitor for the intent of resolving their difficulty in accessing a Site and completing a Survey.
4.1. You Have All Necessary Rights. For all Content that you provide through the GoRecommend Application, you represent and warrant that (a) you own or otherwise have all rights, approvals, licenses and/or consents necessary to submit the Content and (b) that use of the Content on or through the GoRecommend Application does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the GoRecommend Application. You further guarantee that the text and other materials contained in the Content are original, created only by you or the entity on whose behalf you are entering into this Agreement and do not contain any excerpts that would infringe on the copyrights of others and do not otherwise infringe on the rights of any other individuals or companies.
4.2. License Of Uploaded Content To Company. By displaying or publishing any Content on or through the GoRecommend Application, you hereby grant to Company a royalty free irrevocable world wide unrestricted license to use, copy, modify, adapt, translate, publicly display, reproduce, and distribute such Content (in whole or in part), in any format or medium now known or later developed.
4.3. Content Removal. Removal of the GoRecommend Application from your Facebook page will not terminate any Content licenses granted prior to the removal of the GoRecommend Application.
5.1. Company’s Ownership Of Proprietary Rights. The GoRecommend Application contains Content and technology of Company that is protected by copyright, trademark, patent, trade secret and other laws.
5.2. Created Content. Any content created provided by or through the GoRecommend Application shall be owned by Company.
5.3. GoRecommend Application. You acknowledge that the GoRecommend Application contains copyrighted material, trademarks, and other proprietary information of Company and its licensors and you agree that except for the limited license granted hereunder, all right, title and interest to the GoRecommend Application and the contents therein remains with Company or third parties.
5.4. Software. The GoRecommend Application is the exclusive property of Company or its software licensors and is protected by United States, Canadian, and international copyright and intellectual property laws. You agree not to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on any of the software constituting or provided through the GoRecommend Application. You agree not to circumvent any technology used by Company or its licensors to protect content accessible via the GoRecommend Application.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Company to block and report to Facebook officials any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner’s legal agent.
You are aware of our Privacy Policy located from the “Privacy Policy” link contained in the GoRecommend Application. Use of the GoRecommend Application is governed by the Privacy Policy, which is incorporated into this Agreement by this reference. In the event of an inconsistency between these Terms and the Privacy Policy, these Terms shall govern.
8.1. General. Company reserves the right, but has no obligation, to take any of the following actions described in this Section 8 as determined in the sole discretion of the Company at any time and for any reason, and you agree that we will not be liable to you or any third party for taking any of these actions.
8.2. Company’s Right To Control GoRecommend Application. Company reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) by you, or to restrict, suspend, or terminate any license granted hereunder and/or your access to all or any part of the GoRecommend Application at any time, for any or no reason, with or without prior notice, and without liability. Without limiting the generality of the foregoing, the Company reserve the right, in its sole discretion, to (a) prevent anyone from installing on their Facebook page the GoRecommend Application; (b) have the GoRecommend Application cease to function from a particular Facebook page.
8.3. Fees. You acknowledge that Company reserves the right to charge a free for access to certain features offered through the GoRecommend Application and to change such fees from time to time in its discretion.
8.4. Monitoring. Company may monitor the Content available on the GoRecommend Application.
8.5. Availability. Company may change, suspend, restrict access, or discontinue all or any part of the GoRecommend Application at any time, with or without reason. You acknowledge that the operation of the GoRecommend Application may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Company shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the GoRecommend Application. Company has no obligation to continue producing or releasing new versions of the GoRecommend Application or any associated software and/or Content.
8.6. Account Access. Company may restrict, suspend, or terminate your access to all or any part of the GoRecommend Application. You acknowledge, consent and agree that Company may access, preserve, disclose or delete any information about you and Content if required to do so by law or in a good faith belief that such act is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its users and the public.
9.1. Contest/Sweepstakes. From time to time, we may operate a promotional contest or sweepstakes through the GoRecommend Application. As used herein “Contest Entry” shall mean the act of recommending the brands participating in the GoRecommend application on Facebook® and the number of recommendations made by Facebook friends using the GoRecommend application. Entrants receive one (1) chance to win during the sweepstakes period for making one (1) recommendation and up to nine (9) additional chances to win for recommendations that their friends make through the GoRecommend Application. Company reserves the right to determine which recommendations are valid. Notwithstanding the foregoing, any contest or sweepstakes operated through the GoRecommend Application shall be governed by the Official Sweepstakes Rules and Regulations available at the following website: www.empathica.com/en-rules (“Contest Rules“). The Contest Rules shall form part of these Terms.
9.2. Recommendation. As used herein “Recommendation” shall mean the act of making a recommendation using the GoRecommend application on Facebook.
You are solely responsible for your interactions with other Users of the GoRecommend Application. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
11.1. Term. This Agreement shall become effective upon your acceptance of the Terms by your use of the GoRecommend Application and shall remain in effect in perpetuity unless terminated hereunder.
11.2. Termination. Either you or Company may terminate your use of the GoRecommend Application at any time, for any reason or no reason, without explanation. You agree that Company may, without prior notice, immediately terminate your use and access to the GoRecommend Application. Cause for such termination shall include, but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the GoRecommend Application (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with any features or services offered through the GoRecommend Application that requires payment for access or use. Company shall not be liable to you or any third-party for any termination made in Company’s sole discretion.
11.3. Breach. In the event your access to the GoRecommend Application is suspended due to the breach of this Agreement, you acknowledge that residual copies of any Content posted by you through the GoRecommend Application may remain in our system.
12.1. Disclaimers. Company is not responsible for any incorrect or inaccurate Content posted on or through the GoRecommend Application, whether caused by Users or by any of the equipment or programming associated with or utilized in the GoRecommend Application. Company is not responsible for the Content, accuracy or opinions expressed by the Content, and Content may not be investigated, monitored or checked for accuracy or completeness by Company. Inclusion of any linked website on or through the GoRecommend Application does not imply approval or endorsement of the linked website by Company. When you access these third-party sites, you do so at your own risk. Company takes no responsibility for third party advertisements which are posted on or through the GoRecommend Application, nor does it take any responsibility for the goods or services provided by its advertisers. Company is not responsible for the conduct, whether online or offline, of any User of the GoRecommend Application. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Company’s servers or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation in connection with the GoRecommend Application. Under no circumstances shall Company be responsible for any loss or damage, including personal injury or death, resulting from use of the GoRecommend Application, from any Content posted on or through the GoRecommend Application, or from the conduct of any Users of the GoRecommend Application, whether online or offline.
12.2. Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY PROVIDES THE GORECOMMEND APPLICATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE GORECOMMEND APPLICATION OR INFORMATION COLLECTED FOR OR PROVIDED TO USERS UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO THE SERVICE OR ANY SERVICES PROVIDED TO THE USER UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED SERVICE.
12.3. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE GORECOMMEND APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COMPANY’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED ONE DOLLAR (US $1.00).
12.4. Exclusions
CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS IN SECTION 12.2 and 12.3 MAY NOT APPLY TO YOU.
12.5. Accuracy. Opinions, advice, statements, offers, information or other Content made available through the GoRecommend Application are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Company does not: (i) guarantee the accuracy, completeness or usefulness of any information posted by Users through the GoRecommend Application, and (ii) adopt, endorse nor accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Company. Under no circumstances will Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the service, or transmitted to or by any users of the GoRecommend Application.
12.7. Advertisements. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the GoRecommend Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the GoRecommend Application.
12.8. Beta Releases Of All Or Portions Of The GoRecommend Application. The GoRecommend Application or portions of the GoRecommend Application may be labeled ‘Beta.’ All disclaimers and limitations of liability set forth herein apply to any GoRecommend Application or portion of the GoRecommend Application labeled ‘Beta.’ Further, you specifically agree that you understand that any GoRecommend Application or portion of the GoRecommend Application labeled ‘Beta’ may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software ‘bugs’ and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability herein, you specifically agree that Company is not responsible or liable for any error, problem, omission, malfunction, interruption, defect, delay, or failure, in any regard, concerning any GoRecommend Application or portion of the GoRecommend Application labeled ‘Beta.’
You agree to indemnify and hold harmless Company, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or Use of the GoRecommend Application, including any breach by you of the terms of this Agreement and any claims arising from the Content you submit, post, transmit or make available through the GoRecommend Application or its Websites, or your use of the GoRecommend Application or its Websites. You specifically indemnify Company of any claims that may arise from the inaccuracy of any Contest Entry.
14.1. Rights Reserved. Company and user retain all rights and licenses not explicitly granted hereunder.
14.2. Binding agreement. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Not withstanding the foregoing, you cannot assign this Agreement to another party.
14.3. Severability and Waiver. If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.
14.4. Survival. Unless otherwise explicitly stated, these Terms will survive the expiration or deletion of the GoRecommend Application from your Facebook page for any reason. Company may assign any or all of its rights hereunder in the event of a merger or acquisition of all or substantially all of the assets to which this Agreement relates.
14.6. No Partnership. The parties bear the relationship to each other of independent contractors, and nothing in this Agreement shall be deemed to create a partnership, joint venture, or agency relationship between them, nor shall either party have the power or authority by virtue of this Agreement to bind the other.
14.7. Entire Agreement. This Agreement, contains the entire agreement between you and Company regarding the use of this GoRecommend Application, and it supersedes all prior and contemporaneous agreements, promises, representations, warranties, and understandings of the parties regarding the same subject matter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services, affiliate services, third-party content, or third-party software, but unless explicitly noted otherwise, this Agreement shall govern in the event of any inconsistency between this Agreement and any such additional terms and conditions. For greater certainty, the Privacy Policy and Contest Rules shall form part of this Agreement.
14.8. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the GoRecommend Application or these Terms that you bring must be brought within one (1) year after such claim or cause of action arose or be forever barred.
14.9. Third Party Rights. Nothing in this agreement shall confer any rights or benefits to third parties.
14.10. Counsel. Although we have attempted to outline above the terms on which you may use the GoRecommend Application in straightforward English, please be aware that these terms, if accepted by you, create a binding legal agreement between you and Company. We strongly urge that before accepting these terms you print out a copy and review it with your attorney or lawyer, manager and other representatives and if you have no such representatives that you seek other independent qualified guidance.
Please contact us at: support@gorecommend.ca with any questions regarding this Agreement.
BY INSTALLING OR USING THE GORECOMMEND APPLICATION YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.