MePlusOne Inc. dba DuNu
Last Updated: May 4th 2017
PLEASE READ THESE TERMS CAREFULLY. THE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING MEPLUSONE'S SSERVICES (WHETHER OR NOT YOU BECOME AN ACCOUNT HOLDER) YOU ACKNOWLEDGE THAT YOU AGREE TO AND ARE SUBJECT TO THESE TERMS.
YOU UNDERSTAND THAT BY ACCESSING, DOWNLOADING, USING, PURCHASING, PAYING TO USE AND/OR SUBSCRIBING TO THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICES. FAILURE TO USE THE SERVICES IN ACCORDANCE WITH THESE TERMS MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL PENALTIES.
YOU SHALL BE SOLELY RESPONSIBLE FOR CHECKING THE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS WEBSITE AND/OR SOFTWARE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
The Services are only available for individuals eighteen (18) years of age or older. By accessing or using the Services, you represent and warrant that you are currently eighteen (18) years old or over and that you are capable of lawfully entering into and performing all the obligations set forth in these Terms. You also represent and warrant that you have never been convicted of an indictable offense or any criminal offense involving sexual misconduct or otherwise. You further confirm that you (i) have not previously been suspended, removed, deactivated, terminated or blocked from the Services; and (ii) are not a competitor of MePlusOne and are not using the Services for reasons that are in competition with MePlusOne or other than for its intended purpose.
IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THIS WEBSITE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THIS WEBSITE IN VIOLATION OF THESE TERMS, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER. You agree that MePlusOne is not responsible for the conduct of any user of these Services and is not liable (directly or indirectly) for any losses or damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of these Services.
By accessing these Services, you agree to use any personal information provided to you by other users of these Services in a lawful and responsible manner. You further agree that you will not use personal information about other users of these Services for any reason without the express prior consent of the user that has provided such information to you.
MEPLUSONE STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS WEBSITE AND/OR SOFTWARE. MEPLUSONE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OR SCREENINGS OF ITS USERS. MEPLUSONE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC.
You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with these Terms and compliant with any and all applicable local, provincial, federal and international laws and regulations.
You acknowledge and agree that the information that you provide to register and create your profile is true and accurate at the time it is provided and at any time you access the Website and/or Software, and if it is not accurate, you agree to update the information while accessing the Website and/or Software.
Your safety and security are very important to us. The nature of these Services promotes the sharing of personal information by users with other users. MePlusOne cannot and does not assure that it is safe for you to have direct contact with other users of these Services. Current technological developments make it possible for users of the internet to obtain personal information about, and locate, other users, with very little other information. If you believe that any user of this Website and/or Software is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us so that we may take appropriate action.
You alone are responsible for your involvement with other Users. You agree that MePlusOne will not be responsible for any losses or damages incurred as the result of any such interactions with other Users. MePlusOne reserves the right, but has no obligation, to monitor disagreements between you and other Users. Please take all necessary precautions when meeting other Users, especially if you decide to meet in person. You agree to treat all other Users with dignity and respect and comply with these Terms.
MePlusOne is not responsible or liable in any manner for the conduct of its Users, whether or not such conduct is in connection with the use of the Services. You acknowledge that you use the Services entirely at your own risk. You understand and agree that you must abide by all applicable laws, rules, regulations and obligations that may apply to your use of the Services. You acknowledge and agree that you will not:
If you wish to report any violation of these Terms by others, including Users, you may do so by using the report button or the block button located in the Services. You may click on the report button located in the drop-down menu on a User's profile in order to flag Users that are in violation. You may click on the block button located in the drop-down menu on a User's profile in order to block a User from being displayed in the Services that you access though your Account. While we will make reasonable efforts to review Accounts that are flagged in a timely manner, we are under no obligation to remove the flagged Account and in no way represent that we will remove or otherwise address flagged Accounts.
You understand and agree that if MePlusOne believes in its sole discretion that you have violated any of these Terms, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, MePlusOne may, among other things, investigate, take legal action against you and/or terminate or suspend your Account without notice to you.
MePlusOne claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to MePlusOne, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by MePlusOne will not infringe or violate any third-party rights, including without limitation, any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate these Terms. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content (including but not limited to any content you submit to MePlusOne to feature) to use such person's name or likeness in the manner contemplated by the Services and these Terms, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release MePlusOne, directors, officers, shareholders, employees, contractors and agents from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use by MePlusOne of your User Content. You also grant MePlusOne the right to choose Accounts to feature on the Services for enhanced visibility at no extra cost, in the sole discretion of MePlusOne.
You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trade-marked or other proprietary information or materials, including any User Content posted by other Users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
We may provide notices to you in any of the following ways. First, we may email you at the email address that you provided when you created your Account. Second, we may present the notice on the Services. When we post notices on the Services, we post them in the area of the Services suitable to the notice. It is your responsibility to periodically review the Services for notices. Third, we may email you our marketing newsletters, which you have expressed your consent to by creating an account in our service. You may opt-out by following the instructions included in each communication or by contacting us anytime by email at email@example.com.
You will not post, transmit or deliver to any other User, either directly or indirectly, any User Content that violates any third-party rights or any applicable Canadian or international law, court order, rule or regulation or is prohibited under these Terms or any other MePlusOne policy governing your use of the Services ("Prohibited Content"). Prohibited Content includes without limitation User Content that:
When you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a "Social Networking Site"), such as Facebook, Instagram, Google+ or Twitter, you permit MePlusOne to access information about you that is made available to the Services through or from that Social Networking Site. The information obtained by MePlusOne varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age or birthday, language, location, country, interests, contacts list, friends lists or followers and other information.
Other than your User Content, the Services and all materials therein, including, without limitation, software, images, text, graphics, designs, illustrations, MePlusOne logos, patents, trade-marks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other Users (the "Proprietary Materials"), and all intellectual property rights related thereto, are the exclusive property of MePlusOne and its licensors (including other Users who post User Content to the Services). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights of MePlusOne.
You are granted a limited, non-sublicensable license to access and use the Services and Proprietary Materials, subject to these Terms. You agree that you will not:
"MEPLUSONE", MePlusOne's logos and any other trademarks, logos, trade names or slogans contained in the Services are trade-marks of MePlusOne, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of MePlusOne or the applicable trade mark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the, copyright, trade mark and/or trade dress of MePlusOne and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade-marks, registered trade-marks, common law trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade-mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
MePlusOne may provide third party content on the Services and may provide links to web pages, applications, ticket purchase portals, mobile apps, sites and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. MePlusOne does not control, endorse or adopt any Third Party Content and expressly disclaims any and all representations, warranties or conditions of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that MePlusOne is not responsible or liable in any manner for any Third Party Content and MePlusOne undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. You understand that any tickets to events purchased by clicking on a link in MePlusOne is a purchase made between the User and the Third Party Content provider and does not constitute a contractual relationship with MePlusOne in connection with such purchased event ticket.
MePlusOne reserves the right at any time to modify or discontinue, temporarily or permanently, this service (or any part thereof) with or without notice. You agree that MePlusOne shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of any of the terms and conditions contained in these Terms including any policy or guideline applicable to the Services at any time. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Services, and your continued use of the Services after such posting will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the "last updated" date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about these Terms, please email us at the contact address below. These changes will be effective immediately for new and current Users of the Services.
MEPLUSONE PROVIDES THE SERVICES AND THE PROPRIETARY MATERIALS AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MEPLUSONE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, ARISING FROM STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SERVICES AND THE PROPRIETARY MATERIALS, INCLUDING ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MEPLUSONE DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE SERVICES OR PROPRIETARY MATERIALS WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES OR PROPRIETARY MATERIALS WILL BE CORRECTED OR (C) THE SERVICES AND PROPRIETARY MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEPLUSONE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY COMMUNICATIONS.
MEPLUSONE HAS NO ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, MEPLUSONE DISCLAIMS ANY AND ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
MEPLUSONE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ANY RESULTS FROM YOUR USE OF THE SERVICES; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MEPLUSONE. UNDER NO CIRCUMSTANCES WILL MEPLUSONE BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR HARM OF ANY KIND RESULTING FROM ANY USER'S CONDUCT OR YOUR USE OF THE SERVICES OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
You hereby waive and agree not to assert any claims or allegations of any nature whatsoever against MePlusOne, its affiliates or subsidiaries, their sponsors, contractors, consultants, advertisers, sponsors vendors, event providers, ticketing agents or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "MePlusOne Parties") arising out of or in any way relating to your use of the Services or Proprietary Materials, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of User Content, or allegations that any and/or all of the MePlusOne Parties has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use of the Services. Your use of the Services and Proprietary Materials is entirely at your own risk.
Without limiting any of the foregoing, none of the MePlusOne Parties shall be liable to you for any direct, special, indirect, exemplary, consequential, punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of data, loss of good will, data, or other intangible losses or other economic loss, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with your use of the Services or any Proprietary Materials, including without limitation any damages caused by or resulting from: (i) your use or inability to use the Services or any Proprietary Materials; (ii) any third party claims that the use by you of any of the Services or Proprietary Materials violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Services or any Proprietary Materials, whether related to mistakes, errors, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses or any failure of performance (whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to MePlusOne Parties' records, programs or services); (iv) any damages arising from communications or transactions with other Users of the Services, whether through blogs, or otherwise, or persons that you meet through the Services; or (v) any other matters relating to the Services, Proprietary Materials, any User Submissions (as defined above), based in contract, tort, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not MePlusOne had any knowledge, actual or constructive, that you might incur such damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF ANY OF THE MEPLUSONE PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PROPRIETARY MATERIALS EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO MEPLUSONE FOR USE OF THE SERVICES AND PROPRIETARY MATERIALS OR FIFTY (CDN$50) CANADIAN DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEPLUSONE AND YOU.
You shall fully defend, indemnify and hold harmless any and/or all of the MePlusOne Parties from any losses, damages, liabilities, costs, expenses (including legal fees), claims and proceedings arising out of your use (or the use by any person to whom you have given access to your Account) of the Services, provision of User Content and the Proprietary Materials, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights of any third party.
We operate the Website and Software in Toronto, Ontario, Canada and we make no warranty that the materials and content on the Website and Software are appropriate or available for use outside of Ontario. By accessing or using the Website and/or Software, you agree that all matters relating to your access to, or use of, the Website and/or Software, including without limitation the provisions of these Terms, shall be governed by, and construed and interpreted in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the conflict of laws principles related thereto. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to such matters. If you choose to access the Website and/or Software from outside of Ontario, you do so at their own risk and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to these Terms, Website, the Software, the Services, User Content or posts, oral or written statements, advertisements or promotions relating to these Terms or to the Services, or the relationships that result from these aforementioned items (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts) pursuant to the Arbitration Act, 1991 (Ontario) as the same may be amended from time to time.
Accordingly, except where prohibited by applicable law, you hereby waive any right that you may have to commence or participate in any class action against MePlusOne related to any Claim and, where applicable, you also agree to opt out of any class proceedings against MePlusOne. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Account.
If arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario.
You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services and/or the Software and/or the Website from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify any and/or all of the MePlusOne Parties for your failure to comply with any such laws.
Unless otherwise provided, these Terms take effect upon your initial use of the Services and shall remain in effect until terminated as described below.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MePlusOne without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If any provision, or any portion thereof, of these Terms is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of MePlusOne to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision.
No joint venture, partnership, employment, or agency relationship exists between you and mePlusOne as a result of this agreement or use of these Services.
These Terms constitute the entire agreement between MePlusOne and you regarding the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between MePlusOne and you regarding your use of the the Services.
The language of these Terms is English. The English language version of these Terms will govern your relationship with MePlusOne.
If you have any questions regarding these Terms or your use of the Services, please contact us at:
77 King Street West Suite 3000
TD Centre North Tower, P.O. Box 95
Toronto, Ontario M5K 1G8
All demands, notices, communications and reports required under these Terms shall be in writing and shall be either personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to MePlusOne at the address specified above or sent by e-mail or facsimile transmission, as reflected above.