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QRyoo – Terms of Use

QRyoo, a division of Indie Pool Inc ("QRyoo" or "We") is providing you with access to the website located at www.qryoo.com (the "Website") and the services of issuing you a unique QR code along with a platform to create and operate your own QRyoo site ("collectively known as Services").

By accessing and using the Website and QRyoo's Services, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") along with other QRyoo policies that are, or may be, published on the Website including, but not limited to, the QRyoo Privacy Policy.

General Terms of Use and Eligibility

You are only authorized to use the Website and Services providing that you abide by the Terms of Use and all applicable laws. We reserve the right, at our sole discretion to amend, modify, add or delete portions of these Terms of Use at any time without any further notice. If We do this, we will post the changes to the Terms of Use on the Website. Your continued use of the Website and Services after any such changes constitutes your acceptance of these revised Terms of Use.

You are only permitted to use the Services provided by QRyoo provided that you are thirteen years of age (13) or older.

Grant of Right to Use Website Materials

Provided that you are eligible for use of this Website and subject to these Terms of Use, QRyoo grants you a limited, non-exclusive, non-transferable license to access the materials on the Website and to download or print a copy of the materials solely for your own personal non-commercial use.

User Account to Access Services

In order to make use of the Services provided by the Website, you are required to register and create a User Account and Password. You hereby warrant that you will provide true, accurate and complete information about yourself as prompted by any registration forms required by the Website. You further agree that you shall, as required on an on-going basis, update all of your information in order that your information may always be current and accurate.

In creating a User Account, you shall not create a User Name which may be considered to leverage off the name or reputation of others; nor shall the User Name contain any words which may be unlawful or considered misleading or inappropriate.

You additionally shall not register a User Name which is not your own. In the event that you do so, QRyoo shall consider that to be "name squatting" and QRyoo has the right at its sole discretion to re-claim this name for the actual individual or entity of that name.

You are responsible for monitoring the security of your User Account and Password and you will notify QRyoo if there has been any unauthorized uses of your User Account or a Password security breach.

Your Responsibility and Warranties on Use of Services

You are responsible for all of the information, materials and content ("Content") that you publish on your QRyoo Site.

You warrant that you are not publishing any Content on your QRyoo Site that shall:

In addition, you warrant that your QRyoo Site:

Content Property of QRyoo

All content on the Website and your QRyoo Site (with the exception of the Content you publish on your QRyoo Site), including, but not limited to text, graphics, pictures, designs, information, applications, software, audio or video files and their presentation on the Website and your QRyoo Site are the property of QRyoo. None of these materials on the Website or your QRyoo Site may be modified, copied, distributed, framed, reproduced, downloaded, displayed, transmitted, or posted in any form, or by any means without the express written consent of QRyoo. QRyoo further reserves all rights in it's trade name "QRyoo", trademarks, service marks and logo's and the name, marks, and logo may not be reprinted, distributed or displayed without QRyoo's express written permission.

QRyoo's Advertising Right

QRyoo reserves the right at its sole discretion to place its own, and third party, advertising, on your QRyoo Site. You shall not be entitled to any revenue derived from the advertising on your QRyoo site which shall be the sole property of QRyoo.

QRyoo's Promotional Right

You hereby grant QRyoo the non-exclusive right to reproduce, modify and publish your QRyoo site solely for the purposes of distributing, displaying and promoting your QRyoo Site along with QRyoo's Services.

Content on QRyoo Sites

All Content published on QRyoo sites is the sole responsibility of the person or entity who published such Content. QRyoo does not review nor monitor the Content published on QRyoo sites and therefore we are not responsible for such Content.

Copyright Infringement

If you believe that Content published on any QRyoo sites infringes your copyright under the applicable law, please notify QRyoo. Your notice shall contain the following information: (a) a physical or electronic signature of the copyright owner or the person designated to act on their behalf, (b) a copy of the actual copy-written work (c) information on where the alleged infringing material can be found on a QRyoo site(s), (d) your attestation that that you believe in good faith that the alleged infringing material is not authorized by yourself or under the law, (e) your attestation that the information in the notification is accurate, and if applicable, you are authorized to act on behalf of the copyright owner, (f) your contact information including your name, address, telephone number and e-mail address.

Please send your notice of alleged copyright infringement appearing on any QRyoo site to QRyoo's designated copyright representative at:

QRyoo Copyright Officer or: CopyrightOfficer@qryoo.com

118 Berkeley Street

Toronto, Ontario

M5A 2W9

QRyoo shall respond to your notification and as per the terms within these Terms of Use, QRyoo has the right at its sole discretion to remove any Content from a QRyoo site which We shall do so if deemed appropriate following the reception of your notification.

Use of Website and Services

You agree to use this Website and the Services at your own risk, and all materials on the Website and through the Services are provided "as is" without warranty of any kind as to the material's effectiveness, suitability, adequacy and completeness.

Any use of the Website and/or Services or their associated content without the express permission of QRyoo is strictly prohibited.

Limitation of Liability

QRyoo makes no representations or warranties, either express or implied with regards to the Website or Services, the Website or Services content, and/or the merchantability and fitness of use of the Website and Services for a particular purpose. You further acknowledge and agree by using the Website and Services that QRyoo makes no representations or warranties regarding the Website or Services content including, but not limited to, accuracy and completeness and that QRyoo shall not be held responsible for the loss of any information that you submit to the Website or to your QRyoo Site . Neither QRyoo nor any of QRyoo's directors, officers, employees, agents or representatives shall be liable for any damages arising out of, or in the connection with the use of the Website and Services.

Removal of Content from Your QRyoo Site

QRyoo has the rights at its sole discretion to remove information, materials and/or content from your QRyoo site

Termination of Access to Website, Services, Site and/or User Account

If you do not comply with these Terms at Use at any time, QRyoo has the right to terminate or suspend your access to the Website, your access to the Services offered by the Website, your QRyoo Site, and your User Account. QRyoo additionally retains the right at its sole discretion to terminate or suspend access to the Website, your access to the Services offered by the Website, your QRyoo Site, and your User Account. Such termination or suspension may be effected without prior notice however QRyoo shall make all best efforts to notify you within a reasonable time of such termination or suspension via the e-mail address you have provided in connection with your User Account.

Your Indemnity

You hereby indemnify and hold harmless QRyoo, and QRyoo's directors, officers, employees, agents and contractors from and against any claims and expenses (including reasonable attorney fees) arising from your violation of any of these Terms of Use and the use of your QRyoo site.

Privacy

Information that you provide to QRyoo via our Website and our Services is subject to our Privacy Policy which governs the collection and use of your information. You confirm and understand that in the use of your Website and Services, you are consenting to the collection, use, and disclosure of your information in accordance with our Privacy Policy and agree with all of the other terms of our Privacy Policy.

Governing Law

QRyoo operates and controls this Website and its Services from Ontario, Canada. This Website and its Services can be accessed by all provinces and territories of Canada, all states and territories of the United States of America and all other countries around the world. Although each of these territories have laws that may differ from the Province of Ontario, you agree by accessing this Website and its Services that all matters relating to the access and use of the Website and its Services shall be governed by the laws of the province of Ontario and the federal laws of Canada. You therefore agree to the courts of Ontario and Canada having legal jurisdiction. You also agree that you are fully responsible for complying with all of your local laws.

Severability of Terms

If any provision of these Terms of Use shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other Terms of Use and shall have no affect on the validity of these remaining Terms.

Non-Waiver of Rights

The failure of either party to insist or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any rights found herein, will not be construed as a waiver or diminishment of such party's right to assert or rely upon any such provision or right in any other instance, and same will remain in full force and effect.

OMDC

Made possible with the support of the Ontario Media Development Corporation on behalf of the Ministry of Tourism and Culture.