This User Agreement (the “Agreement”) is a legal agreement between you and myLinkReel Inc. (“myLinkReel”) respecting your use of the myLinkReel application and services as described herein. BY USING THE APPLICATION AND/OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are accepting this Agreement on behalf of a company, employer or other entity, so that such company, employer or other entity and/or its employees and you are to be permitted to use the services and software hereunder, you are representing that you have the authority to bind such company, employer or other entity to this Agreement, and will also comply with this Agreement as an individual. If you have any questions or concerns about the terms of this agreement, please contact us at email@example.com.
1.1 “Services” has the meaning set forth in Section 2 below.
1.2 “Application” means the myLinkReel web-based software application, accessible through supported computers and mobile devices in order to utilize the Services; the Application may be downloaded or accessed on the Internet.
1.3“Content” means any content uploaded by you and other users through and to the Application.
2.1 myLinkReel will provide users, through the Application, with a social media tool respecting the sharing of film recommendations, providing the users with the ability to post material, provide feedback and/or reviews, comment on posted materials (the “Services”). The services are provided subject to the terms and conditions of this Agreement. myLinkReel will collect data related to your recommendations and patterns for future use in providing Services to you.
2.2 In order to use the Services, you must:
2.2.1 Provide up-to-date, complete and accurate registration information;
2.2.2 Be at all times in compliance with the terms and conditions of this Agreement and applicable law.
You specifically agree that myLinkReel may rely on the accuracy of the information provided by you to myLinkreel, and that myLinkReel will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to myLinkReel.
2.3 myLinkReel may provide you with certain information to allow you to use the Services, such as a user ID and a password or the ability to create a user ID and/or password (the “Access Information”). The Access Information is provided on the understanding that it is personal to you; you will not permit anyone other than you to obtain access to the Services using the Access Information. myLinkReel is not responsible or liable in any way for any use of the Services (authorized or unauthorized) by any party accessing the Services using your Access Information, and you accept all responsibility for such use of the Services and any consequences resulting from such use of the Services.
2.4 As a feature of the Services, myLinkReel offers users the ability to interact with other users on myLinkReel’s proprietary network, such as by following following friend’s film suggestions, “liking” other users’ lists, and rating/commenting on films. myLinkReel also offers the ability for users to publish their personal data created through the Services on certain supported third party social networking sites and/or social media applications, such as Facebook. You acknowledge that by using these features:
(a) you must provide up-to-date, complete and accurate information, including user ID and password where required, respecting the third party social networking and/or media application accounts, blogs, twitters, tweets and other messaging and update services (supported by myLinkReel) that you would like myLinkReel to integrate as part of the Services;
(b) you consent to myLinkReel disclosing and publishing your film recommendations and personal information in the manner that you have indicated through these features;
(c) you acknowledge and agree that you are solely responsible for any information you post or otherwise make available on or through the Service, including these features, and that these features are provided “AS IS”, without any warranty or liability whatsoever on the part of myLinkReel; and
(d) you are solely responsible for complying with the terms and conditions of any third party social networking sites, social media applications, blogs, twitters, tweets and other messaging and update services on which you post information through the Services and these features, and acknowledge that such information, once posted, is subject to such third party’s data collection and privacy policies, over which myLinkReel has no control, and for which myLinkReel shall in no event be liable.
2.5 myLinkReel reserves the right to change, suspend or discontinue the Services at any time, including the availability of any feature or content, account access, or any promotion offered by myLinkReel. myLinkReel may also impose limits on the Services and/or terminate or restrict your access to parts or all of the Services without notice or liability.
2.8 You acknowledge that, due to the nature of the Services, information or data uploaded to the Services may be hosted on servers residing in jurisdictions other than Canada, over which myLinkReel has no direct control. By using the Services, you acknowledge that your information and data may become, during the period that they are hosted on such servers, subject to the laws of the jurisdiction in which those servers reside and/or to the terms of agreements respecting the hosting of data on such servers. Although myLinkReel has made reasonable efforts to verify that its agreements with such server providers are reasonably protective of its users’ data, you acknowledge that myLinkReel has no liability for any acts or omissions of third parties in relation to such servers and the data stored on them. You therefore hereby release myLinkReel from all liability for any governmental or third party action taken in such jurisdictions with respect to such data (including your information and data) and/or the servers on which such data resides.
3. Your Use of the Services
3.1 The Services are designed and intended for adult usage. If you are under 18 years of age, you must obtain the consent of your parent or guardian respecting your entry into this Agreement and use of the Services. By using the Services, you are representing and warranting that you have the full right to enter into this Agreement and have obtained all required permissions.
3.2 You agree that:
(a) You will not permit anyone other than you, as an individual, to obtain access to the Services through your myLinkReel account or otherwise using your Access Information, and will only use the Services in accordance with this Agreement and applicable law;
(b) You will ensure that any information that is provided to myLinkReel pursuant to this Agreement is true, accurate, current and complete;
(c) You will be solely responsible for all activities with respect to the Services undertaken by you;
(d) You will not use the Services for any commercial purposes or for the benefit of any third party;
(e) You represent and warrant that you have the right and the authority to enter into this Agreement and to use the Services, and will provide accurate information to myLinkReel;
(f) You will not in any way use the Services to transmit harassing, abusive, libelous, illegal or deceptive messages or information, or to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts;
(g) You will not alter, modify, delete, or otherwise interfere with or in any manner compromise the Services or Software or any content accessible through the Services;
(h) You will cooperate with myLinkReel and provide information requested by myLinkReel to assist myLinkReel and/or relevant authorities in investigating or determining whether there has been a breach of this Agreement or applicable law.
Without limiting the foregoing, you agree not to violate any applicable laws, the rights of others, or the operational and security mechanisms of the Services.
3.4 You are solely responsible for the selection, implementation, installation, maintenance and performance of any and all equipment (such as computers and mobile devices) used for using the Services (except for myLinkReel’s computer systems and networks), including without limitation your internal network infrastructure, if any.
3.5 You acknowledge and agree that myLinkReel cannot guarantee data integrity, and that it is solely your responsibility to back up any of your information and data that you use in conjunction with the Services, including any data obtained through the Services from the Organization or other users, or Content or data that you upload to or through the Application.
4. The Application
4.1 myLinkReel hereby grants you a personal, non-exclusive, revocable, non-transferable license to use the Software in accordance with the terms of this Agreement, solely for the purposes of using the Services.
4.2 You shall not in any way:
(a) distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to the Application, in whole or in part, to any third party on a temporary or permanent basis;
(b) remove, deface, cover or otherwise obscure any proprietary rights notice or identification on the Application (including without limitation any copyright notice or other notice of intellectual property ownership);
(c) copy any written or electronic materials accompanying any portion of the Application unless specifically authorized in writing to do so by myLinkReel;
(d) use the Application in any way inconsistent with the use parameters for the Services;
(e) attempt to hack the Application or any communication initiated by the Application or to defeat or overcome any encryption and/or other technical protection methods implemented by myLinkReel with respect to the Application and/or data and/or content transmitted, processed or stored by myLinkReel or other users of the Services; or
(f) authorize, permit or otherwise acquiesce in any other party engaging in any of the activities set forth in (a) – (f) above, or attempting to do so.
4.3 You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
5. Privacy and confidentiality
5.2 Additionally, by submitting personal information to myLinkReel pursuant to this Agreement, including without limitation your name, address, and e-mail address, you consent to the collection, processing, transmission and disclosure of such information by myLinkReel for the purposes of myLinkReel’s provision of the Services and myLinkReel’s internal use, and specifically the purposes for which such information has been requested.
6. Intellectual Property Rights
6.1 You acknowledge that the Software is owned by myLinkReel, who retains all right, title and interest therein, and is protected by Canadian, U.S. and international copyright laws. You do not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the Software, the Services, or any part thereof. Your only rights to the Software, the Services and any part thereof shall be those rights expressly licensed or granted to you under this Agreement. Any rights not expressly granted under this Agreement are reserved.
7. Disclaimer of Warranties
7.1 THE SERVICES AND ACCESS TO APPLICATION ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. MYLINKREEL ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE CONTENT OR ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICES OR APPLICATION. UNDER NO CIRCUMSTANCES WILL MYLINKREEL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH USE OF THE SERVICES OR THE APPLICATION. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THE SERVICES AND APPLICATION IS SOLELY AT YOUR OWN RISK.
7.2 myLinkReel has no special relationship with or fiduciary duty to you, and you acknowledge that myLinkReel has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of the Services, including without limitation, your Content accessed through the Services, how you or any other user may interpret or use Content or materials accessed through the Services, or what actions you may take as a result of having been exposed to Content or information obtained through the Services.
8. Limitation of Liability
8.1 The only type of damages that can be recovered against myLinkReel arising from or related to this Agreement including without limitation in relation to the provision of the Services, shall be your direct damages, if any, arising from myLinkReel’s gross negligence or wilful misconduct. In no event shall the aggregate liability of myLinkReel exceed the amount paid by you for the portion of the Services that gave rise to the claim. MYLINKREEL SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICES. Without limiting the foregoing, your only right with respect to any problems or dissatisfaction with the Application is to discontinue the use of such Application.
8.2 EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYLINkREEL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, COMPUTER OR MOBILE DEVICE FAILURE, PROBLEMS, LOSS OR DAMAGE ASSOCIATED WITH ANY USE OF THE APPLICATION OR SERVICES, OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE APPLICATION OR SERVICES, EVEN IF MYLINKREEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9.1 You agree to indemnify, defend and hold harmless myLinkReel, its parents, subsidiaries, affiliates, officers and employees, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (a) your access to the Services, the Software, and any content obtained by you through the Services or Software, (b) your use or misuse of the Services and/or Software, (c) any breach of this Agreement by you, or (d) your violation of any third-party rights or any applicable laws. myLinkReel reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with myLinkReel, at your expense, in asserting any available defences.
10.1 myLinkReel may terminate this Agreement and/or immediately cease to provide the Services without any liability whatsoever if myLinkReel is prevented from providing any portion or all of any Services due to the acts or omissions of you or any third party, or by any law, regulation, requirement or ruling issued in any form whatsoever by judicial or other governmental body. Nothing herein shall be construed to require myLinkReel to seek a waiver of any law, rule, regulation, or restriction, or seek judicial review or appeal of any court order.
10.2 Without limiting other remedies, myLinkReel may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) myLinkReel is unable to verify or authenticate any information you provide; or (c) myLinkReel believes that your actions may cause financial loss or legal liability for you, other users or myLinkReel.
10.3 myLinkReel reserves the right to investigate suspected violations of this Agreement. You hereby authorize myLinkReel to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities, and other content providers in order to enforce the terms and conditions of this Agreement.
10.4 The above-described actions are not myLinkReel’s exclusive remedies and myLinkReel may take any other legal, equitable or technical action it deems appropriate in the circumstances. myLinkReel will not have any liability to you or any third party in relation to the termination of this Agreement for any reason whatsoever.
11. Third party application stores
11.1 If you have obtained the Application through a third party application store, such as Apple iTunes or App Store (the “Third Party App Store”), you are subject to all terms and conditions imposed by such third parties in relation to your download of the Application and/or use of the Services, as applicable. Such Third Party App Store may impose additional restrictions, or may have additional rights, in relation to your use of the Application, such as removal of the Application from your mobile device; it is solely your responsibility to ensure that you are aware of the terms and conditions imposed by the Third Party App Store from which you downloaded the Software, and to comply with such terms and conditions. To the limited extent that this Agreement is less restrictive than the usage rules or terms and conditions for software downloaded from a Third Party App Store, or is in direct conflict with, the Third Party App Store terms of service or like agreement as they relate to your obligations to the Third Party App Store and myLinkReel, the usage rules of the Third Party App Store shall apply.
11.2 Although the Application may be made available to you through Third Party App Stores, you acknowledge that this Agreement is concluded solely between you and myLinkReel, and not with the Third Party App Store, and the Third Party App Store shall have no responsibility whatsoever respecting the Services, Application and the Content thereof (including, without limitation, in relation to the sale, distribution or use thereof, the performance or non-performance thereof, the intellectual property rights therein and/or infringement thereof, or in relation to addressing any claims or liability in relation to the foregoing). Nothing herein shall obligate the Third Party App Store to offer you any warranty respecting the Application or Services, and to the extent that any warranty is applicable, the Third Party App Store’s sole obligation will be to refund you the purchase price of the Application upon your notification of a failure covered by warranty to the Third Party App Store.
11.3 Each Third Party App Store from whom you have downloaded the Application is a third party beneficiary of this Agreement, and, upon your acceptance of the terms and conditions of this Agreement, such Third Party App Store will have the right (and you will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
12. General Provisions
12. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties. There are no provisions, representations, undertakings, agreements, or collateral agreements between the parties other than as set out in this Agreement.
12.2 This Agreement is governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada.
12.3 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect.
12.4 Any notices, reports or other communications required or permitted to be given under this Agreement shall be in writing and shall be sufficient if delivered by hand or sent by registered mail, courier or facsimile addressed to each party to the address as advised in writing.
12.5 No waiver by either party of a breach or omission by the other party under this Agreement shall be binding on the waiving party unless it is expressly made in writing and signed by the waiving party. Any waiver by a party of a particular breach or omission by the other party shall not affect or impair the rights of the waiving party in respect of any subsequent breach or omission of the same or different kind.
12.6 You acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by myLinkReel to show your acceptance of this Agreement and/or your agreement to download, install or otherwise access and use the Application), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Application. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12.7 If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Application. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, you may not enter into this Agreement and may not download, install or use the Application. By entering into this Agreement, you explicitly state that you have verified in your own jurisdiction that your use of the Application is allowed.
12.8 It is the express will of the parties that this Agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
13.1 If you have any questions regarding this Agreement, or if you have any questions, complaints, claims or other legal concerns relating to myLinkReel or its business, please contact myLinkReel at: