Our Terms and Conditions

Last updated and effective: 2019-02-18 16:05:36 UTC

What Information Do We Collect?

1. Parties

The parties to the Terms and Conditions of Use and the Privacy Policy are Terminals Technology Inc., headquartered in Alberta, and/or its parent companies, subsidiaries and/or affiliates (“Terminals,” “us,” “our,” and “we”) and you, the end user (“you” or “your”) with respect to your use of Terminals.io (the “Site”).

2. Eligibility

To be eligible to use the Site as a member, you must be a natural person, rather than a legal entity. The Site exclusively caters to natural persons.

3. Agreement

The Privacy Policy, as may be amended from time to time, is incorporated into the Terms of Use and Condition by reference (collectively referred to as the “Agreement”).

4. Privacy Policy

Our commitment to protecting your personal data, privacy and security is detailed in our privacy policy. A copy of the current version of it can be accessed by using the following link: https://www.terminals.io/privacy (the “Privacy Policy”) Besides the Terms of Use and Conditions, you must also read and agree to the terms of the Privacy Policy before registering with the Site.

5. How to Agree to the Terms

The Agreement constitutes the binding agreement between us and you. By doing the following: clicking the Agree boxes located below the Agreement and clicking the Agree box located below the Privacy Policy; and using the Site, you confirm your assent to each and every one of the terms under the Agreement, which includes the terms of the Privacy Policy, as they apply to you.

6. Users

The following permitted Site account types may be concordant, and they are therefore not mutually exclusive: accounts for members of the media and influencers who use the Site to receive news and to receive review copies of games (the “Media User”); accounts for business members who rely on us to manage their company’s brand marketing and public relations campaigns through the Site (the “Marketing User”); and accounts for members who license the Site for their own use (the “Personal User”). (each referred to as a “User”, collectively referred to as “Users”) The Agreement only applies to Users, such as yourself. It does not apply to anyone else, unless otherwise specifically stated in the Agreement.

7. Out of Bounds

Any access to or use of the Site by you which falls outside the scope of the Agreement shall constitute a trespass on our systems, an infringement of our intellectual property, and an unlawful use of our assets unless such access or use is expressly agreed to by us in writing.

8. Amendments

Terminals may change, amend, or update the Agreement from time to time in our sole discretion. In the event that we modify the Agreement, we will post a conspicuous notification on our main website, www.terminals.io, for thirty (30) days thereafter informing you that our Terms have changed. Such modified Terms shall become immediately effective once posted and your continued use of the Site thereafter shall constitute your assent to the Terms as amended. If you do not agree to the Agreement or to any future Terms, as may be amended from time to time, you must terminate your use of the Site. You may not amend the Agreement.

9. General

Agree You agree that: you will refrain from using and from encouraging anyone else to using any spider, robot, software or other automatic means (a “bot”) to search, monitor, copy, manipulate or otherwise interfere with the Site, any content, or any User’s account. You agree to refrain from knowingly causing any unreasonable burden or load on our software, Site or our computer systems. you will be provided with an Application Programming Interface (“API”) included with the Site. You agree that, unless done in compliance with the API, you will not harvest, collect or store information about the other Users or the content posted by others Users or use such information or content for any purpose inconsistent with the API, the Agreement or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. you agree that, subject to the terms of the Privacy Policy, we may disclose any Site content or data about Users if we are required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Terminals, our users or the public. site content may be purged periodically in our sole discretion and as permitted by applicable laws. You acknowledge and agree that your use of the Site and your reliance upon the accuracy, completeness, or usefulness of any Site content is at your own risk. Content and/or data created by Terminals or submitted to or by Terminals is provided on an “as is” basis and your reliance upon any such content or data is solely at your own risk. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of Terminals, and Terminals does not necessarily support or endorse any content posted by you or any User. as a condition precedent to your access to and use of the Site, you must choose a valid username and password. You shall notify us of any known or suspected unauthorized use of your username or password, or any known or suspected breach of Site security. You shall be responsible for maintaining the confidentiality of your password. You are responsible for all activity on the Site made possible by your password, including use of your password by any third party. Your account is unique to you and may not be transferred to any other party without the prior written consent from us. We may, in our sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach of the Agreement; and when the option is available, you may grant Terminals permission to connect to third party Sites ("Third-Party Site") such as Facebook and Twitter which may result in our access to your personal information. If you grant us such permission, we will use that information to improve the quality of our Site and you authorize us to publish such information on the Site as long as our use also complies with the terms of use of such Third-Party Site and the Agreement, including those under the Privacy Policy. We strongly urge you to carefully read the terms and conditions of your use of any Third-Party Site. Acknowledge You acknowledge that: we may not pre-screen, monitor, review or edit the content posted by Users. However, Terminals and its designees have the right (but not the obligation) at in our sole discretion to remove or to request the removal of any content or advertising, in whole or part, that we believe, in our sole discretion, does not comply with the Agreement or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any user posted content nor for the removal of such content or advertising; and the Site requires technical processing and transmission of content and may involve: (a) transmission over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion, corruption, loss, or modification of content, postings or other information submitted by you or by other users, subject to the terms of the Privacy Policy.

10. Media User’s Use of Terminals

The Site, including but not limited to any communications site, chat room, message board, newsgroup, advertising, game content or other interactive site that may be available to you are provided to you subject to the Agreement and subject to applicable laws and regulations. By using the Site, you acknowledge that you are at least 13 years old and Agree You agree: to provide true, accurate, current and complete information about yourself as requested; to promptly update and maintain your account information so that it is true, accurate, current and complete; not to submit or post or link to any content, information, ware or Site which Terminals deems in its sole discretion to be obscene, illegal, sexually explicit, violent, discriminatory or to contain pornographic material of any kind; not to submit or link to any content, information or material which infringes or potentially infringes upon the intellectual property or proprietary rights of any third party including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy; not to submit, post or link to any material which is or may be reasonably considered to be defamatory, libelous, harassing or threatening; not to submit, post or link to any information or material which is harmful or potentially harmful including, without limitation, that which unreasonably invades upon the privacy of another person, places any person's health or safety at risk, compromises the integrity or security of the Site or of any computer system, or distributes any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program; not to submit, post or link to any information or material which violates any applicable laws including federal, state or provincial law, statute, ordinance or regulation in any applicable jurisdiction, including without limitation, those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright; not to undertake any activity which actually or potentially creates liability or damage to Terminals, our computer systems, the Site or our Site providers; and not to act in a manner that negatively affects other Users' ability to utilize the Site. Acknowledge You acknowledge that: Terminals reserves the right to remove any such content or information (including content or information provided by you) in its sole discretion. If any information provided by you is untrue, inaccurate, out of date, incomplete, and/or you fail to comply with the Agreement, Terminals reserves the right to terminate your account and revoke your access and use to any of the Site. Access to Promotional Material Some Marketing Users may run product promotions or exclusive-access campaigns through the Site to which you may have access. Your access to and use of such material may be further governed by the terms and conditions of the respective Users running such promotions. It is your sole responsibility to ensure that you fully understand and comply with all terms and conditions of such promotions or campaigns and Terminals shall not be responsible for their enforcement.

11. Marketing Users’ Use of Terminals

Duties As a Marketing User, you must: not influence the method, vehicle or the opinion that a Media User may provide after being provided with the product promotional material through the Site. For the avoidance of doubt, Terminals cannot influence the tone of Media User coverage; promptly provide payment to us for your use of the Site, where charges apply; and provide us with permission to transmit your promotional material through the internet including on systems not owned or controlled by us. Acknowledge As a Marketing User, you acknowledge that: Terminals is in no way compensating the Media Users to review promotional material as provided by Marketing Users; Terminals cannot guarantee any minimum number of impressions for any promotional material; even materials you mark as “private” in your privacy settings that you provide to select Media Users may not remain private if such Media User fails to comply with the Terms, conditions, or obligations placed upon them by you. You shall not hold Terminals responsible for breach by such noncompliant Media User, nor shall you hold Terminals responsible for any enforcement actions against such noncompliant Media User; Terminals shall not interfere with disputes between Client and Media User and that Terminals shall only be considered as a neutral broker for the purpose of connecting Client with Media User; Terminals is not liable for any loss or damages that arise from our third-party payment providers and, unless you otherwise expressly agreed to, Terminals does not store any credit card information; and Terminals may use data, including personal data, subject to the terms of the Privacy Policy, gathered through your use as a Marketing User to maintain and improve the Site. Terminals will not provide such data about you to any other Users and all such data gathered will be used anonymously and aggregated.

12. Content Ownership

You must review the Privacy Policy carefully. The content and information you post is shared, subject to the terms of the Privacy Policy. You will not relinquish your rights to the content and information you post on or through the Site, subject to the terms that follow. Agree You agree that: in posting photos, videos, or other intellectual property content ("IP Content") onto or in connection with the Site, you grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to display, distribute, transmit and analyze any such IP Content ("IP Licence"), subject to the terms of the Privacy Policy. The IP Licence terminates upon the later of: (i) when you delete such IP Content, (ii) when you terminate your Site account, or (iii) when your content has been deleted by all of the Users with whom you may have shared such IP Content; to grant us the right to share your content, data, and derivatives of the same, including but not limited to compatibility metrics, with other Users, subject to the terms of the Privacy Policy; when you supply content to the Site that is made available to other Users, you grant us the right to integrate, display and otherwise use any such content in any Terminals promotional or educational media including videos; and you warrant all content provided by you, including but not limited to IP Content, shall not violate the rights, including intellectual property rights, of any third party and that publishing such content shall not result in any reasonably foreseeable claims against you or us. You agree to indemnify and hold Terminals harmless from all claims against us for content you provide to the Site. Acknowledge You Acknowledge that: when you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time. when you publish content or information using the privacy setting which implies "everyone", it means that published content may be viewed by anyone with an internet access, and not only by Users of the Site. Terminals shall not be liable for the subsequent use of such published content by any third party; and we always appreciate your feedback about us and your suggestions on how we can improve our Site. Your feedback is completely voluntary and we may use it freely and without any obligation to compensate you.

13. Software and Intellectual Property

Terminals has certain protectable proprietary rights in its software, websites and the Site, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any proprietary property rights contained on the Site other than for your personal use without written preapproval from Terminals. Software, Site, API and/or any digital products that are made available for download from any of the Terminals websites (www.Terminals-pr.com, www.terminals.io, www.terminalsmail.com, and www.terminalsapp.com) is the copyrighted work of Terminals and/or its suppliers or partners. Use of any such software downloaded may be subject to your agreement to the terms and conditions of an end user license agreement as may be required by the respective suppliers or partners. We urge you to read such terms and conditions carefully before agreeing. We give you all rights necessary to use the application source code (along with all data received), or tools we provide to you, but only in connection with your application programming interface. You shall not sell, transfer, nor sublicense our code, APIs, or tools. If you are a developer or operator of an application or website, you are solely responsible for your application, its content and sites, and all uses you make of the data accessible through the Site.

14. Advertisements and Endorsements Generally

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree that as part of this Site, any content or information you provide to Terminals (including but not limited to your name, e-mail address, your posts, private messages, data you give Terminals access to on third party sites, and/or uploaded IP Content) may be reviewed, analyzed, and parsed by us, subject to the terms of the Privacy Policy.

15. Linked Sites

You may be able to link to third party websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled, examined, endorsed, nor approved by Terminals and we are not responsible for the third-party Sites, content, links, availability, terms, advertising, products or other materials of any such Linked Sites. It is your sole responsibility to comply with the appropriate terms of Site of the respective Linked Sites as well as with all other obligations under applicable copyright, secrecy, defamation, decency, privacy, security, and export laws and regulations related to your use of such Linked Sites. In no event shall Terminals be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or any information or material accessed through Linked Sites. You should direct any concerns to that respective Linked Sites’ administrator or Webmaster. We reserve the exclusive right, in our sole discretion, to add, change, decline or remove, without notice, any feature or link to any Linked Sites and/or to introduce different features. SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT INCLUDING BUT NOT LIMITED TO GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. USE LINKED SITES AT YOUR OWN RISK. IF YOU ENTER ANY LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT YOUR VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES. We give express permission for the fair use of our logos, promotional materials and other materials but only for the purpose of creating links to the Site. However, we reserve the right to demand that any links to the Site to be removed in our sole discretion, at any time. We reserve the right, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require immediate termination of any such link to the Site, at our discretion at any time.

16. Parental Permission

The Site is not intended for use by children. Some of the available information may include certain topics that may not be appropriate for children. You must be thirteen (13) or older and who comply with the Agreement are eligible to use the Site. Terminals may, in its sole discretion, limit content and require Users under the age of eighteen (18) years old to obtain the written consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone avoid or circumvent these restrictions.

17. Validity of Information

We will make commercially reasonable efforts to ensure that all content or data provided by the Users, or any derivatives compiled from such content or data (e.g. metrics), is valid. Notwithstanding the above, we make no assurance that content or data provided by the Users or any derivatives compiled therefrom is valid. Terminals shall not be liable for any special, indirect or consequential damages whatsoever resulting from us providing this data or any derivatives compiled to any of the User.

18. Beta Testing

From time to time, we may conduct beta tests of new features or versions of the Site (each a "Beta Test"). If you choose to register for a Beta Test: (a) you understand that we may change, withdraw, or discontinue the Beta Test in our sole discretion; (b) you agree to record and report all problems, issues, ideas, feedback and suggestions for enhancements to the product or Site the subject of the Beta Test ("Beta Test Results") to us on a timely basis; (c) during the testing period, you will not disclose to any third party the product, Sites, or the subject of the Beta Test, without our prior written consent; and (d) you hereby assign all right, title and interest in and to any Beta Test Results to us, without compensation or any duty to account to you for such use.

19. Warrant Disclaimer

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND TO BE USED BY YOU AT YOUR SOLE RISK. TERMINALS MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS. TERMINALS IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. WE ARE UNDER NO OBLIGATION TO MAINTAIN OR SUSTAIN THE SITE OR OUR WEBSITE AND MAY TERMINATE THE SITE OR ANY AND ALL SITES THEREIN AT ANY TIME IN OUR SOLE DISCRETION.

20. Limited Liability

IN NO EVENT SHALL TERMINALS OR ANY OF ITS DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF TERMINALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." TERMINALS' TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $10.00 (CAD).

21. Indemnity

You agree at all times to indemnify and hold harmless Terminals, its employees, officers, directors, attorneys, agents, suppliers, affiliates and its other partners from any and all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever, including (legal and other fees and disbursements) sustained, incurred or paid by Terminals due to or arising directly or indirectly from any information submitted, posted, transmitted or otherwise made available through the Site, our websites, your use of the Site, your use of our websites, or your violation of the Agreement.

22. Assignment

All of our rights and obligations under this statement are freely assignable by us, including but not limited to in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

23. No Agency

You and Terminals are each an independent entity and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created hereby and neither you nor Terminals shall state or imply anything to the contrary.

24. No Waiver

Terminals' failure to insist upon or enforce strict compliance with any provision of the Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.

25. Information Storage

You consent to us processing and storing your personal information subject to the terms of the Privacy Policy.

26. Governing Law

The Agreement, the relationship between you and Terminals and your use of the Site, and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and Terminals which in any way concern the Agreement or the use of the Site shall be brought exclusively in the courts of Alberta. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief.

27. Severability

If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed from the Agreement and the remaining provisions shall remain in full force and effect.

28. Termination

If you violate the letter or spirit of the Agreement, or otherwise create possible legal exposure for us, we can, in our sole discretion institute such disciplinary action as we may deem appropriate including ceasing to provide all or part of the Site to you. We will notify you by email or upon your next attempt to access your Site account. You may also delete your account or disable your application at any time. In all such cases, the Agreement shall terminate, but the following provisions and its sub-provisions shall survive such termination: 2.1(b), 3(c) and (d), 3(j), 4, 7, 9, 11-14, 16, and 18-20.

29. Headings

Headings are for reference purposes only and shall not be used in interpreting the Agreement.

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