Terms of Service

Feburary 6th, 2014


Your acceptance

This section is about our terms of service

  1. a. (a) By using the Truth (the "Provider") "Truth!" or "Truth App" service (including without limitation all other content and functionality available through such service, and all updates thereof, the "Truth""), whether through the website interface or mobile application provided by Provider, you signify your agreement to be bound by (i) these terms and conditions (the "Terms of Service"), and (ii) Provider's Privacy Policy, found at >http://www.usetruth.com/privacy/ and incorporated herein by reference. If you do not agree to any of these Terms of Service or to Provider's Privacy Policy, please do not use the Service.

  2. b. (b) Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version on the Provider's website at >http://www.usetruth.com/terms/. Provider may, in its sole discretion, modify or revise these Terms of Service and the Privacy Policy at any time, and your continued use of the Service signifies your agreement to be bound by such modifications or revisions.

Services

This section is about use of service and your content

  1. (a) The Service allows you to, among other features and functionality, (i) submit digital text, photos, videos and other content and media ("Content") in response to requests for public feedback and input generated by or on behalf of Truth ("Partner"); (ii) track the status of your previous submissions made in response to such requests for feedback and input; and (iii) in some cases, view and track Content and response submissions submitted by other users.

  2. (b) Subject to your compliance with the terms and conditions set out in these Terms of Service, Provider hereby grants to you a personal, limited, non-exclusive, non-transferrable, and freely revocable license to access and use the Service.

  3. (c) You hereby acknowledge and agree that any Content submitted by you through the Service in response to a request for public feedback and input generated by or on behalf of Partner will be disclosed to and be accessible by (i) Provider and Partner, and (ii) if Partner designates such Content to be publicly viewable and accessible, by all other users and the general public. You hereby acknowledge and agree that the Service may submit your GPS or other location information in connection with your submission of certain Content, and that such location information shall be included within the definition of "Content" hereunder.

  4. (d) Provider and Partner will not and cannot censor or edit the content of any third-party site or application, or any Content submitted by any other user. By using the Service, you expressly relieve Provider and Partner from any and all liability arising from your use of any third-party website or application or viewing any Content submitted by another user. Provider and Partner have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party.

  5. (e) All right, title, interest and ownership and intellectual property rights in and to the trademarks of Provider and the Service, other than Content submitted by you through the Service, are and will remain the property of Provider or its software or content suppliers. All right, title, interest and ownership and intellectual property rights in and to the trademarks of Partner are and will remain the property of Partner. Provider reserves all rights not expressly granted in and to the Service.

  6. (f) The Service is provided to you "AS IS" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose other than use as intended through the provided functionality of the Service.

  7. (g) Your Content is hosted by a third party servicer provider that is not owned or controlled by Provider or Partner. Provider and Partner have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third parties. If Partner is a Canadian entity, your Content will be stored in Canada, and if Partner is a United States entity, your Content will be stored in the United States.

  8. (h) Provider and Partner reserve the right to terminate this Terms of Service or modify, suspend or discontinue the Service, or any portion thereof, at any time and for any reason, with or without notice. Provider and Partner shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such termination, modification, suspension or discontinuance.

User Information

This section is about submitting feedback and input

In order to submit Content through the Service in response to requests for public feedback and input generated by or on behalf of Partner, you will be asked to provide your contact information, including your name, email address and phone number. You must provide complete and accurate information to Provider and Partner through the Service. If you are a business, government, or non-profit entity, the person whose contact information you provide must have the authority to bind the entity to these Terms of Service. If you are a business, government, or non-profit entity, you must use the actual name of your organization.

General Use

This section is about general use of our services

  1. (a) You may not use the Service to infringe any third party's privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.

  2. (b) You agree not to use or launch any automated system, including without limitation any "robot" or "spider" that accesses the Service. You agree not to collect or harvest any personally identifiable information, from the Service or the Content, nor to use the communication and response systems provided by the Service (e.g. comments, Content posting, or email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any other users of the Service.

  3. (c) You may not interfere with, or attempt to interfere with, the Service or the networks or services connected to the Service, whether through the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit such activity.

  4. (d) You must use the Service in a manner consistent with any and all applicable laws and regulations. Provider and Partner reserve the right to investigate and take appropriate legal action against anyone who, in Provider's or Partner's sole discretion, violates this provision, including without limitation, removing Content from the Service and banning the violating computer or mobile device from accessing the Service.

Content Restrictions

This section is about what we allow and not allow

  1. (a) Provider and Partner do not guarantee any confidentiality with respect to any Content uploaded by you, regardless of whether such Content is published or shared. You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with Content, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize Provider and Partner to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Service and these Terms of Service.

  2. (b) For clarity, you retain all of your ownership rights in your Content. However, by submitting Content, you hereby grant Provider an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, host, reproduce, distribute, display, perform, modify and create derivative works of the Content in connection with providing the Service to you and to other users of the Service. Further, with respect to Content submitted by you in response to a request for public feedback and input generated by or on behalf of Partner, you hereby grant Partner an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, host, reproduce, distribute, display, perform, modify and create derivative works of the Content in connection with the business, public mandate and other activities of Partner. You acknowledge and agree that license rights to your Content may be granted to Partner in accordance with these Terms of Service.

  3. (c) Provider and Partner do not endorse any Content submitted through the Service or any opinion, recommendation, or advice expressed therein, and Provider and Partner expressly disclaim any and all liability in connection with such Content. Provider and Partner do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Provider and/or Partner reserve the right to remove Content if properly notified that such Content infringes on another's intellectual property rights.

  4. (d) Provider and Partner reserve the right to remove any Content for any reason whatsoever. Specifically, the prohibited conduct listed below will be immediately deleted and the IP address of the uploader may be reported to authorities. Violating these terms may result in the termination of your ability to upload further Content and/or access the Service. Prohibited Content includes but is not limited to any Content that:

    1. (i) is patently offensive, exploitative, criminal, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    2. (ii) is considered adult or pornographic;

    3. (iii) harasses or advocates harassment of another person, or promotes illicit or criminal activity;

    4. (iv) solicits personal information from anyone under 18;

    5. (v) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    6. (vi) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"; or

    7. (vii) interferes or attempts to interfere with the proper working of Service or prevents others from using the Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other persons' ability to use the Service.

  5. (e) You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Provider related to the Service or Provider or its business ("Feedback") shall become Provider's property without any compensation or other consideration payable to you by Provider, and you do so of your own free will and volition. Provider may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Provider may decide into the Service or its other products and services, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Provider in any Feedback and, as applicable, waive any moral rights therein.

Access Termination Policy

This section is about our right to terminate service and/or access

  1. (a) Provider or Partner may ban a computer or mobile device from accessing the Service and/or terminate a user's access to the Service if, under appropriate circumstances, they are determined by Provider or Partner to be an infringer of these Terms of Service.

  2. (b) Provider and Partner reserve the right to decide whether Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material. Provider or Partner may remove such Content, ban the user's computer or mobile device from accessing the Service and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY USER SUBMISSIONS AND CONTENT, SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER AND PARTNER, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, HARDWARE COMPATIBILITY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. PROVIDER AND PARTNER MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY SITES, APPLICATIONS, PAGES OR SERVICES LINKED TO OR THROUGH THE SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICE, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, OR (VI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. PROVIDER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR, ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR WEBSITE FEATURED IN ANY USER SUBMISSION, BANNER, SPONSOR MESSAGE OR OTHER ADVERTISING. PROVIDER AND PARTNER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY CUSTOMER OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

IN NO EVENT SHALL PROVIDER AND PARTNER, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THE SERVICE, INCLUDING WITHOUT LIMITATION RESULTING FROM ANY (I) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROVIDER AND/OR PARTNER ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PROVIDER AND PARTNER SHALL NOT BE LIABLE IN ANY WAY FOR ANY CONTENT INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. PROVIDER AND PARTNER DO NOT CONTROL THE CONTENT POSTED AND DO NOT GUARANTEE THE ACCURACY OR INTEGRITY OF SUCH CONTENT.

The Service is offered by Provider from its facilities in British Columbia, Canada. Provider makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

This section is about our indemnity clause and rights

You agree to defend, indemnify and hold harmless Provider and Partner, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of or access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content submitted through the Service or otherwise to Provider or Partner caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.

Apple Specific Terms

This section is about Apple's additional terms

If you download, purchase or otherwise acquire any products or services of Provider, including without limitation the Service, through the "App Store" provided by Apple Inc. ("Apple") or are otherwise using the Service through an iOS device, you agree to be bound by the additional terms and conditions set forth below:

  1. (a) You acknowledge that these Terms of Service are concluded between you and Provider only, and not with Apple, and that Provider, not Apple, is solely responsible for the products or services of Provider, including without limitation the Service and the content thereof.

  2. (b) Notwithstanding anything to the contrary in these Terms of Service, the license granted to you hereunder with respect to the Service is limited to a non-transferable license to use the Service on any iOS device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

  3. (c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

  4. (d) Provider is solely responsible for any product warranties, if any, made under these Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service, if any, to you. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and that, subject to the terms of these Terms of Service, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Provider's sole responsibility.

  5. (e) You acknowledge that Provider, not Apple, is, subject to the terms of these Terms of Service, responsible for addressing any claims made by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  6. (f) You acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, Provider, not Apple, will, be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.

  7. (g) You 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.

  8. (h) You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof

Ability to Accept Terms of Service

This section is about who can use our service

You affirm that you are either older than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Assignment

This section is about whom these terms and conditions apply

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Provider without restriction.

Data Usage and Charges

This section is about extra charges from network providers

The Service may use information and data transmission networks operated by third parties to send data, information and Content from a computer or mobile device to Provider's servers, and to serve data, information and Content back to such computer or mobile device. Depending on your wired or wireless data or similar plan with such third party operators, you may incur charges from such third party operators for use of its information and data transmission networks. You are solely responsible for any and all costs, including without limitation wireless and cellular data costs, you may incur as a result of the usage of the Service and/or as a result of data, information and Content submitted or received by your computer or mobile device through the Service.

Third Party Beneficiary

This section is about the definition of third party beneficiaries.

You acknowledge and agree that Partner, and its officers, directors, employees and agents, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, such parties will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

General

This section is about the application of British Columbian law

If there is any dispute between you and Provider (whether or not involving Partner) about or involving these Terms of Service or the Service, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms of Service or your access to or use of the Service, howsoever arising, provided always that Provider may seek and obtain injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction. The Terms of Service, together with the Privacy Policy, constitute the whole legal agreement between you and Provider and govern your use of the Service (but excluding any services which Provider may provide to you under a separate written agreement), and completely replace any prior agreements between you and Provider in relation to the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Provider's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Provider reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

Contact the Partner

Here's how to contact someone about Truth or our service

You may direct any questions, complaints or claims with respect to the requests for public feedback and input generated by or on behalf of Partner through the Service, or the business, public mandate and other activities of Partner, to Partner at feedback@usetruth.com

You may direct any questions, complaints or claims with respect to the general functionality and operation of the Service to Provider at feedback@usetruth.com