These terms and conditions (“Terms”) govern WE Day app’s relationship with users and others who interact with the WE Day app platform (“WE Day app”) and any applications and functionality found thereon. The term “Content” refers to any information, text, graphics, photos or other materials uploaded, downloaded or appearing on WE Day app. By using or accessing WE Day app, you agree with these Terms. If you do not agree with these Terms, you are not permitted to use WE Day app.
You are responsible for your use and any Content you post to WE Day app. The Content you submit, post, or display will be available to be viewed by other users on WE Day app. In addition, the Content you provide will be available to users of other third party sites (i.e. Facebook), should you or others opt to share your content. You should only provide Content that you are comfortable sharing with others.
The services and functionality that are available on WE Day app are always evolving and the form and nature of the services may change from time to time without prior notice to you. Your continued use of WE Day app will be deemed to be your acceptance with respect to any changes that have been made. In addition, we may stop providing services or other functionality available on WE Day app without prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Users who are under 13 years of age, at the time of registration, require consent to use WE Day app from a legal parent or guardian who agrees to these terms and conditions. By using WE Day app, you represent and warrant that you are at least 13 years of age or that you are a legal parent or guardian of a user and have the right, authority and capacity to abide by these terms and conditions.
You are responsible for keeping your personal account safe and secure. You are not to share your account information with anyone else. In respect of your use of WE Day app and your account, you agree that:
(a) you will use your real name and real information when registering for an account;
(b) you will not provide any false information when registering on WE Day app;
(c) you will not create an account for another individual without their consent, and you will not have more than one personal account;
(d) if you lose access to your WE Day app account (for violation of these Terms or for any other reason, as determined by us in our sole discretion), or should we disable your account for any other reason, you agree not to open a replacement account without our prior permission;
(e) you will not use WE Day app for any unlawful purposes; or
(f) you will not use WE Day app for commercial gain unless you have entered into a separate arrangement with us;
(g) you will not share your password, share access to your account, share personal information or anything else that may impact the security of your WE Day app account or your personal safety;
(h) you will keep your contact information up-to-date;
(i) in the event that users may choose a personalized user ID, we reserve the right to modify this personal identifier if we find it to be inappropriate.
While we endeavour to take reasonable precautions to ensure that WE Day app provides a safe and secure platform for users, we cannot monitor all activity and we cannot guarantee that users will not be exposed to harmful or negative material. In an effort to maintain a safe user environment, you agree that:
(a) you will not collect the personal information of other users, solicit someone else’s personal information, or use another individual’s personal account.
(b) you will not post unauthorized commercial content.
(c) you agree not to post or share negative or harmful content. This includes, but is not limited to hate speech, threatening content, pornographic material, content containing nudity, content that incites violence, or materials with gratuitous or graphic violence.
(d) you agree not to post or share content that is false, misleading, libelous or defamatory.
(e) you will not post or share content that promotes illegal or criminal activity, or gives rise to civil liability.
(f) you will not engage in bullying, harassment, or intimidation.
(g) you will not upload malicious code or viruses.
(h) you will not engage in activities that alter the appearance or functionality of WE Day app.
(a) Sharing your Content & Information:
You own all of the Content you post and share on WE Day app, and you control how it is shared through your privacy and account settings, but you hereby grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to reproduce, modify, adapt and use Content that you post on or in connection with WE Day app. This right includes the use of Content in relation to potential commercial enterprises, new or existing products, writing and producing works, and providing Content to any of our partners or affiliates. You understand that this right may result in Content being modified.
You further agree that:
(i) you allow us to copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) or through partner channels;
(ii) third party applications and service providers may request to access your content or information on the WE Day app platform;
(iii) you understand that a third party who has gained access to your information, with your permission, may be permitted to send you additional communication;
(iv) you will not post any Content that infringes someone else’s copyrights, trademarks, patents, trade secrets, or other proprietary rights;
(v) you will not use our copyrights or trademarks without prior written consent from WE Day app.
You understand that your content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit content for such use, it may subject you to liability. You represent and warrant that you have all the rights, power and authority necessary to grant the rights herein to any Content that you submit.
(b) Protecting the Rights of Others:
As a user of WE Day app, you are responsible for the Content you post or share and any subsequent consequences that may arise. You are additionally accountable for your interaction with other users of WE Day app and how you engage with their Content and information. You agree that:
(i) you will not post content or engage with WE Day app in any way that violates someone else’s rights or violates any applicable law.
(ii) you will not post anyone’s financial information or personally identifying information on the platform.
(iii) you understand and agree that WE Day app, and our licensors, own all content and information that is not user-generated.
Although the WE Day app mobile application is free to download, your carrier’s data rates and fees will apply, where applicable.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DAY APP, INCLUDING ANY SERVICES OR PROGRAMS FOUND THEREON IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND THAT EACH OF WE DAY APP, OUR AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF OUR RESPECTIVE AFFILIATES (COLLECTIVELY THE “WE DAY APP GROUP”) DO NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED , AS TO ANY MATTER THEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EVENT PERMITTED BY APPLICABLE LAW, THE WE DAY APP GROUP SPECIFICALLY MAKES NO WARRANTIES THAT WE DAY APP, ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A WE DAY APP SITE WILL BE PROVIDED ON A UNINTERRUPTED TIMELY, SECURE, OR ERROR FREE BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE WE DAY APP GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF THE WE DAY APP GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WE DAY APP, THEIR CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL THE PROGRAM PLATFORM’S LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, THE AMOUNT PAID BY YOU TO ACCESS WE DAY APP.
You agree to indemnify and hold harmless WE Day app, and each member, subsidiary, affiliate, subcontractors, and other partners of WE Day app from and against any and all losses, liabilities, claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms, or (b) your access to or use of WE DAY APP, or (c) your Content. WE Day app reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You can delete your account or end your use of WE Day app at any time. We may deactivate your account after a prolonged period of non-use. We reserve the right to deactivate your account if at any time you violate these Terms or for any other reason as determined by us in our sole discretion.
These Terms will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
You will not transfer any of your rights or obligations to anyone else without prior consent by WE Day app.
Apple is not affiliated with WE Day app nor does it endorse, sponsor or support any of our contests.
If you have any questions or concerns, please email us at [email protected].
Date of Last Revision: July 4, 2017