Effective Date: September 1, 2017
1. USE OF THE SERVICES
1.1 Be Safe.
The Services allow you to keep track of your favourite collectible characters, share lists of collectibles with others through a unique URL and to browse and follow the collections of others. The unique URL can be shared through
any means permitted by your device. Got It strongly recommends that you do not associate personally identifiable information with your use of the Services, such as including your first and last name in your collection title, and to only share your
collection with people you know and trust. By sharing your collection you may send your personal information to third parties, such as your email address if you share using email your phone number if you share by text message or Twitter account information
Access to the Services may require hardware including, but not limited to, a mobile device with a current operating system and an Internet connection. You agree to provide all hardware and the Internet connection required to
use the Services and to pay all fees incurred by you when accessing the Services through an Internet connection.
2. GRANT OF LICENSE
Got It grants you a non-exclusive, non-sublicensable, non-transferable, non-commercial, revocable, limited license to use the Services. You agree that no title or ownership interest in the Services is transferred or assigned
2.2 User Content License.
User content includes any information that you submit, transmit or upload while using the Services (“User Content
”). By providing User Content you represent and warrant that you have all consents,
licenses and rights necessary to provide and license the User Content and you grant Got It an exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content for all purposes.
3. LIMITATIONS ON USE OF THE SERVICES
You agree that you will not use the Services in the following manner:
- engage in conduct that Got It determines, in its sole discretion, to constitute improper use of the Services;
- decompile, disassemble or reverse engineer the Services or otherwise attempt to derive the Services’ source code;
- except as expressly permitted by Got It, reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish, distribute or sublicense the Services;
- knowingly exploit a flaw or bug in the Services;
- break, attempt or otherwise assist with the disruption of any device used to support the Services or experience of another user;
- utilize the Services or any part thereof for commercial purposes;
- promote or encourage illegal activity;
- engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive or use profanity;
- communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
- infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
- collect or attempt to obtain other users’ information; or
- impersonate another person or an employee of Got It.
4.1 Suspension and Termination.
in its sole discretion. Whether a suspension will be lifted is at the sole discretion of Got It. You may terminate your access to the Services at any time by ceasing to use the Services and deleting any Got It application you have installed.
4.2 Effect of Suspension or Termination.
Upon termination, you acknowledge and agree that Got It shall cease to provide you access to the Services and may delete data associated with your use of the Services. You acknowledge
and agree that you are not entitled to a refund or other compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Got It, and that Got It shall not be liable to you or any third party for such suspension
or termination and any related loss or damages.
5. SOFTWARE UPDATES
install an Update may result in an inability to use the Services, for which you shall not be entitled to compensation of any kind.
6. THIRD PARTY SOFTWARE
you to enter into agreements between you and a third party. It is up to you to review and determine the acceptability of any third party agreement.
7. OWNERSHIP RIGHTS
All right, title and interest in and to the Services including, but not limited to, copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), look and feel and methods of operation are owned by Got It. Got It reserves
all rights in the Services.
8. COPYRIGHT INFRINGEMENT
Got It will respond to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”). You must provide the following information in writing in your DMCA notice:
- identify the copyrighted work that you claim has been infringed;
- identify the material claimed to be infringing and where it is located;
- provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address;
- provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
- provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and
- provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Got It may provide you notice if your communication, post, submission or upload was removed as a result of Got It receiving a DMCA notice from a copyright owner. If you receive notice from Got It, you may provide a counter-notification in writing to Got
It’s designated DMCA agent through the means provided below.
DMCA notices can be sent to Got It by emailing DMCA@voyerlaw.com or by mail:
Got It Apps Inc.
C/O Voyer Law
850-1095 West Pender Street
Vancouver, BC V6E 2M6
9. DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED “AS IS” AND GOT IT DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE FOREGOING, GOT IT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHTS HELD
BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, GOT IT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ARE APPROPRIATE FOR YOUR NEEDS OR THAT OPERATION WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE,
FREE OF VIRUSES, ERROR FREE OR WILL NOT HARM YOUR DEVICE.
9.2 LIMITATION OF LIABILITY.
GOT IT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICES OR THIRD PARTY SERVICES
INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF GOT IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION APPLIES TO ANY CAUSE OF ACTION OR CLAIMS IN THE AGGREGATE, WHETHER IN AN EQUITABLE, LEGAL
OR COMMON LAW ACTION AND INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, WARRANTY OR INDEMNITY, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS. IF YOU ARE DISSATISFIED WITH THE SERVICES YOUR SOLE REMEDY IS TO STOP USING THE SERVICES. NOTWITHSTANDING
9.3 GOT IT AGGREGATE LIABILITY.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY
IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD GOT IT FROM LIABILITY, YOU AGREE THAT GOT IT’S MAXIMUM AGGREGATE LIABILITY TO YOU WILL BE EITHER THE MINIMUM PRESCRIBED UNDER APPLICABLE LAW OR IF, NO MINIMUM IS PRESCRIBED, $100 (CAD).
You shall indemnify, defend and hold Got It, its directors, officers, employees, agents, contractors and partners harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys’ fees, that arise from
your use of the Services or associated third party services. You cannot settle any claim without Got It’s advance written consent unless such claim releases Got It unconditionally. Got It reserves the right to, at its expense, assume control of the
11.2 Governing law.
hereby submit to the personal jurisdiction of such courts.
11.4 No Waiver.
11.6 Entire Agreement.