Terms and Conditions


These Terms and Conditions of Use were last updated on May 18, 2017.

Include As Inc. is a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44) in Canada (“IncludeAs”).


By accessing or using the website operated at www.includeas.com (including all the webpages, subdomains, and subparts of the website) and/or the mobile applications (including the IncludeAs app) and/or any other platform or media through which we make our services available(collectively, the “Services”), you signify that you have read, understand and agree to be bound by these Terms and Conditions of Use (the “Terms and Conditions”) with Include As Inc. (“us”, “we”, “our”, “IncludeAs”), in all respects. The IncludeAs Privacy Policy (“Privacy Policy”) and Contest Rules (“Contest Rules”) are part of these Terms and Conditions and are incorporated herein by reference. By accepting these Terms and Conditions, you agree to the terms of the Contest Rules and the collection and use of your information by IncludeAs as described in the Policy Policy.

Privacy Policy is available at .www.includeas.com/privacy

Contest Rules is available at www.includeas.com/ContestRules



PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.



Your use of the Services is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using and/or accessing, the Services.


1. About:


(1.1) The website and/or mobile application is owned and operated by Include As Inc., a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44) in Canada, operating from its offices at 11 Rogers Road, Toronto, Ontario, M6E 1N5. IncludeAs is a registered name pursuant to the Business Names Act, R.S.O. 1990, c. B.17.


(1.2) IncludeAs provides online event services, including but not limited to, invitation creation, event location, management and promotion services to Users (“you”, “your”, or “User(s)”).


(1.3) A User may be a “Member” (meaning a User that has registered and created an account with IncludeAs or through one of the connected social networking services (“Social Networking Services ). As a Member, you are enabled to utilize a host of services for your private and public events which are made available to Members through the mobile application.


(1.4) A User may be a “Visitor” (meaning a User that is browsing the website (the “Site”) and/or viewing content from or affiliated with IncludeAs).


2. Acceptance of Terms and Conditions:


(2.1) You agree to these Terms and Conditions and you enter into a binding contract with IncludeAs when you sign up for a registered account, or connect through Social Networking Services, or when you access, view, download, or otherwise use the Services. By engaging in any of these actions, you agree, represent and warrant that you:

(a) are 18 years of age or older;

(b) have read and understand the Terms and Conditions;

(c) have the right, authority, and capacity to agree to these Terms and Conditions;

(d) agree not to use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions; and

(e) agree to be bound by these Terms and Conditions in their entirety.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, DO NOT ACCESS, REVIEW, DOWNLOAD, OR OTHERWISE USE THE SERVICES.


(2.2) Minimum Age Requirement. The Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. If you are under eighteen (18) years of age, do not access, view, download, or otherwise use the Services.


(2.3) The Services are provided on an “AS IS” basis without representations, warranties or conditions of any kind, and you acknowledge and agree that IncludeAs shall have no responsibility for, or liability in respect of any aspect of the use of the Services by you, including without limitation any lost, damaged or corrupted data or any acts or omissions of IncludeAs.


(2.4) IncludeAs reserves the right, at any time, to modify, alter, or update these Terms and Conditions. We will inform you of any changes by posting a notification on the IncludeAs website and/or mobile application. Your continued use of the Services following such modifications will indicate your acceptance of such modifications, alterations, or updates. Such modifications will be effective immediately upon posting. If you do not agree to any modification of these Terms and Conditions, you must immediately stop using the Services.


(2.5) We may, in our sole discretion, suspend, restrict or terminate your use of the Services, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Services or our or any third party's equipment or network is impaired by your use of the Services, we have received a third party complaint which relates to your use or misuse of the Services, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Services.


3. Privacy:

For information on how User information is collected, used and disclosed by IncludeAs, please click here to view the Privacy Policy which can also be found at www.includeas.com/privacy The Privacy Policy is part of these Terms and Conditions and is incorporated herein by reference. You agree to the collection, use and disclosure of your information by IncludeAs as described in the Privacy Policy. If you do not agree to the Privacy Policy, do not use the Services.


4. Contest Rules:


From time to time, IncludeAs may run contests on our Services which may be available to Users of the Services. All contests are governed by the applicable contest rules (“Contest Rules”). The Contest Rules form part of these Terms and Conditions and is incorporated herein by reference. You understand, acknowledge, and agree to the terms of the applicable Contest Rules. If you do not agree to the Contest Rules, do not use the Services.


5. User Registration and Qualifications:


In order to register as a Member for an IncludeAs account, you must either:


(5.1) Register as a User with your First and Last Name, Email Address, and Password. By registering as a User, you hereby represent and warrant that all of your registration information is true and accurate. You acknowledge and agree that you are responsible for maintaining the security and confidentiality of your email address and password and that IncludeAs is entitled to act on instructions received under your username and password. You understand and agree that:


(a) you will not permit others to access your account;

(b) you will not sell, trade, or otherwise share your login credentials, namely your email address and password, with any other person; and

(c) IncludeAs is not responsible for any transaction or activity made to or from your accounts by any other party using your password.


(5.2) Register as a User using Social Networking Services. If you choose to register as a User using Social Networking Services (for example, Facebook or Google) you can login into the Services using your Social Networking Services account. If you choose to register using this method, you agree to provide IncludeAs with access to information in your Facebook account, including your name, email address, contacts, and public profile. The information we receive will depend on your privacy settings with the Social Networking Services.


6. Visitor Registration:


As a Visitor to the Services, you can view images, text, media, data, graphics, user interfaces, audio, video, photographs, and other materials posted to or made available through the Site. As a Visitor, you are permitted to reply to private event invitations and IncludeAs will implement any advertised contest and collect your information, in accordance with these Terms and Conditions, Privacy Policy, and Contest Rules.


7. Electronic Communication:


You acknowledge and agree to receive communications regarding your account and/or your use of the Services, in an electronic form from IncludeAs. You also understand and agree these electronic communications may be posted on the pages within the IncludeAs website and/or application and/or delivered to the e-mail address associated with your account. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


8. Amazon Associates Program:


IncludeAs is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for websites to earn advertising fees by advertising and linking to Amazon.com.


9. Open Government License - Toronto:


Our Services contains open source data and/or information licensed under the Open Government Licence – Toronto. The licence can be accessed at www1.toronto.ca/wps/portal/contentonly?vgnextoid=
4a37e03bb8d1e310VgnVCM
10000071d60f89RCRD
.


10. User Content and IncludeAs:


(10.1)       User Content. You are solely responsible for the content and information that you publish, upload, transmit, modify, reproduce, distribute, display, link to, record, provide or otherwise make available to IncludeAs, its Users, and/or any third parties, including but not limited to, messages, text, graphics, photographs, images, video or audio files, links, and data (hereinafter, and collectively referred to as, “User Content”). Except as otherwise provided herein, you understand that you retain ownership over your User Content and the right to use your User Content is granted to IncludeAs through a licence contained in these Terms and Conditions.


(10.2)     User Content Licence to IncludeAs (i) By submitting, posting, uploading, or displaying User Content, you grant IncludeAs, its affiliates, licensees and successors, an irrevocable, royalty-free, perpetual, fully-paid, non-exclusive, unrestricted, worldwide licence to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, host, index, cache, publicly perform, display, prepare derivative works of, incorporate into other works, and sublicense, your User Content in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so, without any further notice or compensation to you of any kind. You represent and warrant that you have the right to grant all rights set forth in the preceding sentence.


(ii) You hereby represent and warrant that you have all rights necessary to grant IncludeAs the rights set forth above and that the User Content does not:

(a) include any virus, worm, Trojan horse or other harmful, malicious or disabling code or device or that is designed to damage or allow unauthorized access to the Services (“Malware”);

(b) violate, infringe, misappropriate or otherwise interfere with any patent, copyright, trademark, trade secret, right of privacy or publicity, or any other intellectual property, proprietary or any other right of any person or entity (collectively, “Third Party Rights”);

(c) contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous or defamatory; and

(d) otherwise violate the section entitled “Rules” below.


(10.3)      Content License to You


(i) Except for User Content, the content, organization, gathering, compilation, pictures, sounds, text, graphics, video, software, and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights.


(ii) As a Member or Visitor of the Services, IncludeAs grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable licence to download, store, view, display, perform, redistribute, and create derivative works solely in connection with your use of, and in accordance with the functionality and restrictions of, the Services. We grant you a non-exclusive, limited licence, pursuant to the terms hereof, to access and make personal use of the Services.


(10.4)      Trademarks. The trademarks, logos and service marks that you see on this site are registered and unregistered marks of IncludeAs or its affiliates and subsidiaries, or third parties who have licensed the use of such marks to IncludeAs. Nothing in this site grants any licence or right to use any marks displayed on this site without the written permission of the owner of the mark. Your misuse of the marks displayed on this site or any other content on this site is strictly prohibited.


11. Rules of Conduct:


The following provisions (hereinafter “Rules”) describe prohibited uses of the Services. The examples described below are not exhaustive. We reserve the right to modify the Rules at any time by posting a revised version. If you violate the Rules or authorize or help others to do so, we may immediately suspend or terminate your use of the Services without notice or penalty to IncludeAs.


You represent, warrant, and AGREE that when using the Services, you will abide by the following Rules:


(11.1) No Illegal, Harmful, or Offensive Use or Content. You must not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content can include:


(a) Illegal Activities. Illegality includes but is not limited to: advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography; drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating export control restrictions; stalking; or violating any other local, provincial, federal, or international laws. Linking to illegal material is also prohibited.

(b) Harmful or Fraudulent Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.

(c) Offensive Content. Content that is defamatory, obscene, abusive, bullying, harassing, racist, hateful, violent, invasive of privacy, pornographic, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts, including links to such material. In addition, content that contains ethnic slurs, religious intolerance, homophobia and personal attacks, including links to such material.

(d) Sexually explicit language. Content with any graphics, text, photographs, images, video, audio or other material that are sexually explicit. You agree not to “cyber” or solicit another to “cyber” (participate in virtual sex) on or through the Services.

(e) Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

(f) Content Regarding Minors. Content or activities that exploits the images of children or discloses personally identifiable information belonging to children.


(11.2) No Infringing Content. You must not upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other content that infringes or misappropriates intellectual property or proprietary rights (which includes any patent, trademark, trade secret, copyright), or on the privacy or publicity rights of others.


(11.3) No promotion of physical harm. You must not upload, post, publish, transmit, reproduce, link to or otherwise transmit, any content that promotes physical harm or injury against any government, legal entity, group or individual, or promote any act of cruelty to animals, or providing instructions on how to assemble explosive device or other weapons or incendiary devices.


(11.4) No impersonation. You must not impersonate any person or entity, including but not limited to, a IncludeAs official or falsely state or otherwise misrepresent your affiliation with a person or entity.


(11.5) No disclosure of Confidential Information. You must not upload, post, publish, transmit, reproduce, link to or otherwise transmit, any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).


(11.6) No Security Violations. You must not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

(a) Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.

(b) Interception. Monitoring of data or traffic on a System without permission.

(c) Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.


(11.7) No Network Abuse. You must not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

(a) Monitoring or crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.

(b) Denial of service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.

(c) Intentional interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.

(d) Operation of certain network service. Operating network services like open proxies, open mail relays, or open recursive domain name servers.

(e) Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.


(11.8) No Solicitation. You must not solicit passwords or personal identifying information for unin­tended, commercial or unlawful purposes from other Users.


(11.9) Non-transferable. Your right to use the Services is not transferable. You agree to keep your username and password confidential and you must not allow others to use your subscription, username, password, or the Services.


(11.10) No spamming or sending unsolicited commercial messages. You must not send unsolicited commercial email or messages to one or more recipients. In addition, you are prohibited from the following activities:

(a) Sending unsolicited electronic mail messages and “mail-bombing” (sending mass unsolicited email messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient);

(b) Using another site's mail server to relay mail without the express permission of the site;

(c) Using another computer, without authorization, to send multiple email messages or to retransmit email messages for the purpose of misleading recipients as to the origin;

(d) Using IP addresses that you do not have a right to use;

(e) Using another computer, without authorization, to send multiple email messages or to retransmit email messages for the purpose of misleading recipients as to the origin;

(f) Transmitting or posting content that is harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the Services (e.g., through language, frequency, size or otherwise); and

(g) Using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate these Terms and Conditions or the terms of use of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.


12. Violations of Rules or Terms and Conditions of Use:


These Rules are only the minimum level of conduct that is expected of Users while using the Services. You are requested to be considerate towards other Users. IncludeAs reserves the right to, at its discretion, suspend, disable, block, or terminate your right to use the Services without notice, if you violate the aforementioned Rules, engage in other offensive conduct, or violate these Terms and Conditions.


13. Our Monitoring and Enforcement:


(13.1) We reserve the right, but do not assume the obligation, to investigate any violation of the Rules, Terms and Conditions, and/or misuse of the Services. We may:

(i) investigate violations of these Rules or misuse of the Services; and/or

(ii) remove, disable access to, or modify any content or resource that violates these Rules or any other agreement we have with you for use of the Services.


(13.2) We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of the Terms and Conditions.


(13.3) You agree that IncludeAs has no liability or responsibility to Users for performance or non-performance of such activities.


14. Reporting of Violations of these Rules


(14.1) If you become aware of any violation of the Rules, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of these Rules, you can send us an email at abuse@includeas.com with the offending User’s identification and cut and paste the relevant content into an e-mail.


(14.2) You understand and acknowledge that IncludeAs cannot guarantee that any action will be taken as a result of your e-mail.


15. Content Posted by Users


(15.1) User Assumption of Risk. You understand and acknowledge that IncludeAs does not pre-screen the content posted, published, transmitted, or reproduced on IncludeAs and does not guarantee the accuracy, integrity, or quality of anything which may appear on the IncludeAs website and/or mobile application. You also understand that, notwithstanding our efforts and these Terms and Conditions, you may be exposed to false, offensive, indecent, or objectionable content when using the Services, and, accordingly, you use the Services at your own risk. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You further agree that IncludeAs shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.


(15.2) User Responsibility for Content. You agree that you shall remain solely responsible for all content posted by you or by any other person using your account. This means that you, and NOT IncludeAs, are entirely responsible for all information and material that you upload, post, publish, transmit, reproduce, link to or otherwise transmit, on the Services. You understand and agree that under no circumstances will IncludAs be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information on the Services.


(15.3) No Endorsement of Comments by Others. IncludeAs does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by its Users or otherwise contained in the Services. Any information or material placed on the Services are the views and responsibility of those who post the comments, opinions, statements, or data and do not necessarily represent the views of IncludeAs or its third party service providers. You agree that IncludeAs and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these Terms and Conditions.


16. Dealings with Other Users


INCLUDEAS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, OR GIVE ANY WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR OTHERWISE, ABOUT ANY CONTENT CONTAINED, TRANSMITTED, DISPLAYED, REPRODUCED, LINKED TO, OR DISPLAYED ON THE SERVICES.


INCLUDEAS ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY INTERACTIONS BETWEEN YOU AND OTHER USERS. YOU UNDERSTAND AND ACKNOWLEDGE THAT INCLUDEAS DOES NOT CONDUCT ANY CRIMINAL BACKGROUND CHECKS ON ITS USERS. YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT INCLUDEAS DOES NOT ATTEMPT TO VERIFY ANY OF THE CONTENT POSTED, TRANSMITTED, UPLOADED, OR OTHERWISE DISPLAYED BY ANY OF ITS USERS.


YOU ACKNOWLEDGE AND ASSUME ALL RISKS OF PERSONAL INJURY AND ALL OTHER HAZARDS ARISING FROM OR RELATED IN ANY WAY TO THE INTERACTIONS WITH OTHER USERS OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, RISKS OF PERSONAL INJURY, EMOTIONAL DISTRESS, DISSOLUTION OF RELATIONSHIP(S), PROPERTY LOSS AND/OR DAMAGE, OR OTHER HAZARDS), ARISING OR RESULTING FROM ANY CAUSE WHATSOEVER.


YOU AGREE THAT INCLUDEAS, ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE EXPRESSLY RELEASED AND FOREVER DISCHARGED FROM ANY AND ALL DAMAGES WHATSOEVER ARISING FROM OR RELATING TO YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES.


17. Links to Other Sites and Advertisements


(17.1) The Services may contain links to and frames of other websites that are not maintained by IncludeAs. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than IncludeAs, and IncludeAs does not assume responsibility for the accuracy or appropriateness of the information contained at such websites. In providing links to other websites, IncludeAs is in no way acting as a publisher or disseminator of the material contained on those other websites and does not see to control the content of, or maintain any type of editorial control over, such sites. A link to another website should not be construed to mean that IncludeAs is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other websites.


(17.2) The mention of another party or its product or service on the Services should not be construed as an endorsement of that party or its product or service.


(17.3) You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found through the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. IncludeAs assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the users alone.


(17.4) INCLUDEAS IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. INCLUDEAS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY INCLUDEAS OF THE LINKED SITE, PARTY, OR ITS PRODUCT OR SERVICES.


18. Viruses and Performance Disclaimers


(18.1) IncludeAs will not be responsible for any corrupted files or viruses which affect the User of the Services. It is your responsibility to safeguard your system, through appropriate means from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your account on the Services.


(18.2) Transmission speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself as well as the geographic environment in which the network may be deployed. As such, IncludeAs does not guarantee performance of the Services.


19. Disclaimer of Warranties, Limitation of Liability and Indemnification


(19.1) Disclaimer of Warranties

    THE SERVICES, ITS CONTENTS, AND ANY SOFTWARE AND PRODUCTS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. INCLUDEAS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE OR OTHERWISE, WITH RESPECT TO THE SERVICES, ITS CONTENTS, OR SUCH SOFTWARE, LINKS, TOOLS, TIPS, PRODUCTS AND SERVICES OFFERED OR CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICES, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THESE SERVICES, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, EVENTS, PRODUCTS OR SERVICES PROVIDED. IN ADDITION, INCLUDEAS DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THE SERVICES.


(19.2) Limitation of Liability

       IN NO EVENT SHALL INCLUDEAS, ITS AFFILIATES, COMPANY FRANCHISEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THE SERVICES; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THESE SERVICES; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THE SERVICES; ANY LINK PROVIDED ON THE SERVICES; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT INCLUDEAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SERVICES.

       YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THESE SERVICES.


(19.3) Indemnification

         You agree to indemnify and hold harmless IncludeAs and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to your breach of these Terms and Conditions, and your use of the Services, including transmission or placement of information or material by you on the Services. This provision shall survive the termination of your right to use the Services.


20. Reporting Copyright Infringements


IncludeAs prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Services, please email us at legal@includeas.com, giving a written statement that contains:

(a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

(b) identification of the allegedly infringing material on the Services that is requested to be removed;

(c) your name, address and daytime telephone number, and an email address if available;

(d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;

(e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and

(f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

IncludeAs will process notices of alleged infringement that it receives and will take appropriate action as required by law. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.


21. Modifications or Termination of Services


IncludeAs reserves the right to modify or terminate the Services, or any feature of the Services, from time to time with or without notice to you. You agree and understand that IncludeAs shall not be liable to any User or any third party should IncludeAs exercise its right to modify or terminate the Services or any feature of the Services.


22. Miscellaneous


(22.1) Entire Agreement. The Terms and Conditions, including the Privacy Policy and Contest Rules, and other documents referenced herein, constitute the entire agreement between IncludeAs and you pertaining to your use of the Services and supersede any prior agreements between you and IncludeAs and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject-matter.


(22.2) Waiver. No failure of IncludeAs to enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.


(22.3) Severability. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.


(22.4) Headings. Headings used in these Terms and Conditions, Privacy Policy, and Contest Rules are for convenience only and have no legal or contractual significance.


(22.5) Waiver of Class Actions To the extent permissible by law, you acknowledge and agree to waive any right to pursue disputes on a class-wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.


(22.6) Right to Seek Injunction. Violation of these Terms and Conditions may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms and Conditions.


(22.7) No Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations under these Terms and Conditions.


(22.8) IncludeAs may assign this Agreement. You agree that we may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.


(22.9) Applicable Law. This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario. Any action you, any third party or IncludeAs bring to enforce this agreement or, in connection with, any matters related to the Services shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.