Terms of Service
Eligibility
Ambit of Service
The Website/App allows users to share private videos with other contacts of their choice. Further, the Website/App shall allow users to select a category (e.g., family) and ask them a question about current or past “family” dynamics. The Users shall also be allowed to record their video answers, which they may choose to share or not, and/or choose contacts they want to share it with now, or with whom they will share it in future (time capsule). Users can also randomly capture their own video without being asked a question. In addition, Website/App allows Users to share their viewpoints on different topics
User Conduct.
CaptureMyHippo 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 Website/App or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT
YOUR OWN RISK.
Use of the Service.
Communications and Submissions
You agree that we have access to all communications, and such communications may be retained by us for our internal records.
Without limiting the generality of these policies and standards, the following actions are examples, without being exhaustive, of behaviour that violate these Terms of Service and may result in any or all of your CaptureMyHippo account(s) being immediately suspended or terminated:
- Creating fake profiles
- Posting, transmitting, promoting, or distributing any illegal content
- Harassing or threatening any other user of CaptureMyHippo or any employee
or contractor of CaptureMyHippo. - That promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual. - Advocates harassment or intimidation of another person
- Requests money from or is intended to otherwise defraud other users of the
Service - Contains video, audio photographs, or images of another person without his or
her permission. - Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files.
- Provides material that exploits people in a sexual, violent or another illegal manner or solicits personal information from anyone under the age of 21.
- Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses.
- Impersonating another person, indicating that you are a CaptureMyHippo employee or a representative of CaptureMyHippo (if you are not), or attempting to mislead users by indicating that you represent CaptureMyHippo in any way.
- Attempting to obtain a password, other account information, or other private information from any other user of a CaptureMyHippo.
- Uploading any software, files, photos, images or any other content to
CaptureMyHippo that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program. - Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and
sending “spam”, or making any commercial use of any CaptureMyHippo. - Disrupting the normal flow of dialogue or otherwise acting in a manner that negatively affects or disrupts other users.
- Using or launching any automated system, including, without limitation, any
spider, bot, cheat utility, scraper or offline reader that accesses CaptureMyHippo, or using or launching any unauthorized script or other software. - Using a false e-mail address or otherwise disguising the source of any content that you submit within CaptureMyHippo, or using tools that anonymize your internet protocol address.
- Interfering or circumventing any CaptureMyHippo security feature or any feature that restricts or enforces limitations on the use of or access to CaptureMyHippo.
Exclusive Use.
No Commercial Solicitation or Advertising.
Electronic Communications
License
Ownership and Intellectual Property
You acknowledge and agree that CaptureMyHippo owns, controls, or is licensed all legal rights, titles and interests in and related to the Website/App, including all intellectual property rights. You may not:
- modify or copy the idea of trade, layout or appearance of the Website/App or any computer software or code contained in the Website/App; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover oraccess any source code related to the Website/App.
Third-Party Website/App Links, Content And Services
Reliance on Information Posted
Limitation of Liability
Disclaimer of Warranties
Entire Agreement/ Severability
Assignment
Non-waiver
Indemnification
Force Majeure
Governing Law And Arbitration
Arbitration Procedures:
The Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules (https://adrchambers.com/expedited-arbitration/). The Parties agree that the ADR Chambers Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim , the cost and another effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defence
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or e-mails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or e-mail. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing
of confidential information must be done under seal.