|
This agreement was written in English (US). To the extent any
translated version of this agreement conflicts with the English version, the
English version controls. The Neighbur App is independent of any platform on which it is
located. The App is not associated, affiliated, sponsored, endorsed or in any
way linked to any platform operator, including, without limitation, Apple,
Google, Android or RIM Blackberry (each being an “Operator”). Date of Last Revision: June 8, 2021. |
Terms and Conditions
This Mobile Application Terms of Use
Agreement (the “Application Agreement”) is a legal agreement between you
(“you” or “your”) and NEIGHBUR INC. and the family of companies
owned and operated by NEIGHBUR INC.
(collectively, “NEIGHBUR”, “Neighbur”, “we”, “us”
or “our”) regarding Neighbur’s smart device mobile software application
(the “Neighbur App” or “App”), which you have chosen to download
from:
a) the Apple iPhone store website (the “Apple
Site”) located at http://www.apple.com/iphone/appstore or;
b) the Google Play store website (the “Google
Site“) located at https://play.google.com/store?hl=en.
By downloading and using the Neighbur App,
both you and we acknowledge that this Agreement is between us and you, and that
Apple Inc. and its subsidiaries (collectively, “Apple”) and Google Inc.
and its subsidiaries (collectively, “Google”) are not parties to this
Agreement.
This Mobile Application Terms of Use is
incorporated into and subject to the terms of our Terms
and Conditions User Agreement. Terms defined in the Terms and Conditions User Agreement have the same
meanings herein.
By using or attempting to use the
Neighbur App, you certify that (i) you are a resident of Canada or the United
States and are at least 13 years of age or, if under the age of 13, you have
the consent of your parent or guardian (over the age of 18) to use the Neighbur
App, or (ii) you are not a resident of Canada or the United States and are at
least 18 years of age or the legal age of majority where you reside if that
jurisdiction has an older age of majority or, if under the age of 18 or the legal
age of majority where you reside if that jurisdiction has an older age of
majority, you have the consent of your parent or guardian (over the age of 18
or the legal age of majority where you reside if that jurisdiction has an older
age of majority) to use the Neighbur App. If you do not meet these requirements
or, if for any reason, you do not agree with all of the terms and conditions
contained in this Application Agreement, please discontinue using the Neighbur
App immediately.
By downloading and using, using, accessing,
interacting or by submitting content on the Neighbur App, you indicate that you
accept these Terms of Use and that you agree to abide by them. Your download,
installation or use of the Neighbur App constitutes your acceptance of these
Terms of Use which takes effect on the date on which you download, install or
use the App. If you do not agree with these Terms of Use, you should cease
downloading, installing or using the Neighbur App immediately.
As between you and us, we are the sole and
exclusive owner or the licensee of all intellectual property rights in the
Neighbur App, and in the material published on it. Those works are protected by
copyright and trademark laws and treaties around the world. All such rights are
reserved.
OPERATOR TERMS AND CONDITIONS
The Neighbur App is independent of any
platform on which it is located. Our App is not associated, affiliated,
sponsored, endorsed or in any way linked to any mobile application platform
operator, including, without limitation, Apple, Google, Android or RIM
Blackberry (each being an “Operator”).
You acknowledge and agree that your download, installation, access to or
use of the Neighbur App is also bound by the terms and conditions of the
Operator from which you obtained our App.
This Application Agreement is conditional
upon your agreement to the relevant Operator Terms of Service:
a)
The Apple Site Terms of Service
http://www.apple.com/legal/internet-services/itunes/us/terms.html
with Apple (the “Apple Terms of Service”); and
b)
The Google Site Terms of
Service https://play.google.com/intl/en_us/about/play-terms.html
with Google (the “Google Terms of Service”).
Upon valid acceptance of this Application
Agreement, you agree and understand that you are bound by the relevant Operator
Terms of Service.
You and we acknowledge that these Terms of
Use are concluded between you and us only, and not with an Operator, and we,
not those Operators, are solely responsible for the Neighbur App, the Mobile
Services and the content thereof to the extent specified in these Terms of Use.
We are solely responsible for providing
any maintenance and support services with respect to the Neighbur App as
required under applicable law. You and we acknowledge that an Operator has no
obligation whatsoever to furnish any maintenance and support services with
respect to the App.
You and we acknowledge that, in the event
of any third-party claim that the App or your possession and use of the
Neighbur App infringes that third party’s intellectual property rights, we, not
the relevant Operator, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property
infringement claim; provided such infringement was caused by us.
You and we acknowledge and agree that the
relevant Operator, and that Operator’s subsidiaries, are third party
beneficiaries of these Terms of Use, and that, upon your acceptance of these
Terms of Use, that Operator will have the right (and will be deemed to have accepted
the right) to enforce these Terms of Use against you as a third-party
beneficiary thereof.
This Neighbur App
permits you to use the Neighbur software application for mobile devices and the
Neighbur information technology, augmented reality, and image recognition
platform for the provision of digital content including databases of events,
promotional and marketing materials, localized news and information, ticketing
services, geolocated digital content, augmented reality content, and virtual
reality content (individually and collectively the “Mobile Services”)
that Neighbur may make available from time to time from your computer, mobile
device, smart home device or other compatible electronic hardware (your “Device”).
If you wish to use the
Neighbur App and the Neighbur Mobile Services, you must have read and agreed to
the these Terms, including NEIGHBUR's Terms and
Conditions User Agreement, Privacy Policy,
Posting Community Guidelines, Application Terms of Use, Event
Provider Terms of Service Agreement, Ticket
Purchase and Refund Policy, and any other policies, rules or guidelines
that may be applicable to particular offers, Users or features on the Neighbur
App (collectively the "Additional Terms") which are hereby
incorporated by reference into these Terms.
A copy of the Additional Terms can be found at www.neighbur.com
and in some cases, where available, on the Neighbur App.
Subject to the terms
and conditions contained herein and the Additional Terms, we grant you a
limited, terminable, non – sub-licensable, non-transferable, non-exclusive
license to install and use the Neighbur App on any Device that you own or
control solely for:
a) Your personal use in connection with using the
Neighbur Mobile Services; and
b) As permitted by the relevant Operator Terms of
Service (as applicable).
This Agreement will
also govern any software modifications to the Neighbur App, changes or upgrades
provided by Neighbur that replace and/or supplement the original Neighbur App
or Mobile Services, unless such upgrades are accompanied by a separate license,
in which case the terms of that license will govern.
3.1 License
Restrictions
a)
You may
not use the Neighbur App on any Device that you do not own or control, and you
may not distribute or make the Neighbur App available over a network where it
could be used by multiple devices at the same time.
b)
You may
not rent, lease, lend, sell, redistribute or sublicense the Neighbur App or our
Mobile Services.
c)
You may
not copy (except as expressly permitted by this Agreement and the usage rules
described in Section 3.2), decompile, reverse engineer, disassemble, attempt to
derive the source code of, modify or create derivative works of the Neighbur
App, any updates or any part thereof (except to the extent any foregoing
restriction is permitted by applicable law).
3.2 Usage Rules
You represent and
warrant that you will use the Neighbur App and the Neighbur Mobile Services in
accordance with this Application Agreement, the Additional Terms and all
applicable contracts, laws, rules and regulations.
You further
acknowledge that the Neighbur App contains security technology that may limit
your usage of the Neighbur App to the following applicable usage rules.
Whether or not the
Neighbur App is limited by security technology, you agree to use the Neighbur
App in compliance with these Terms, the Additional Terms and all applicable
usage rules. By using the Neighbur App
you agree that:
a)
Your use
of the Neighbur App is conditioned upon your prior acceptance of the terms of
this Application Agreement and our Additional Terms;
b)
Use of the
Neighbur App or Mobile Services does not include the provision of a mobile
device or other necessary equipment to access it. To use the Neighbur App you
will require Internet connectivity and appropriate telecommunication links. We
shall not have any responsibility or liability for any telephone or other costs
you may incur;
c)
You will
not attempt to, or encourage or assist any other person to circumvent or modify
any security technology or software that is part of the Mobile Services (as
defined in the Apple and Google Terms of Service) or used to administer the
Usage Rules (as defined in the Apple and Google Terms of Service);
d)
The
delivery of the Neighbur App does not transfer to you any promotional use
rights in the Neighbur App;
e)
You shall
be able to manually sync the Neighbur App from at least one authorized device
to devices that have manual sync mode, provided that the Neighbur App is associated
with an Account (as defined in the Apple and Google Terms of Service);
f)
You
acknowledge and agree that you are solely and entirely responsible for the
digital content you use, all of your User Content, including but not limited to
text, images, graphics, videos, 3D models, web links etc.;
g)
You agree
to Neighbur’s Posting Community Guidelines
and will not post, upload to, transmit, distribute, store, create or otherwise
publish through the Neighbur App or Mobile Services any of the following:
I. Content that may be obscene, indecent,
pornographic, vulgar, profane, racist, sexist, discriminatory, offensive,
derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive,
hateful, menacing, defamatory, untrue or false, misleading, unlawful, libelous,
defamatory, invasive of privacy or publicity rights, abusive, inflammatory,
fraudulent or otherwise objectionable in the sole judgment of Neighbur;
II. Content that may infringe any patent,
trademark, trade secret, copyright or other intellectual or proprietary right
of any party. By posting any User Generated Content, you represent and warrant
that you have the lawful right to distribute and reproduce such User Generated
Content;
III. Content that impersonates any person, body or
entity or otherwise misrepresents your affiliation with a person, body or
entity;
IV. Private or confidential information of any
third party, including, without limitation, addresses, phone numbers, e-mail
addresses, Social Security numbers and credit card numbers;
V. Viruses, unsolicited emails, trojan horses,
trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information;
VI. Spyware, malware, corrupted data or other
harmful, disruptive or destructive files; and
VII. Content that, in the sole judgment of Neighbur,
restricts or inhibits any other person from using or enjoying the Neighbur App,
or which may expose Neighbur or its users to any harm or liability of any type.
h)
Should
your User Generated Content place a significant burden on our platform or
negatively impact the work of our Mobile Services, website, servers or the Neighbur
App, we reserve the right to restrict or temporarily disable access to your
digital content;
i)
You must
comply with any applicable third-party terms of agreement when using the
Neighbur App (e.g., you must ensure that your use of the App is not in violation
of your mobile device agreement or any wireless data service agreement);
j)
You agree
to comply at all times with any instructions for use of the Neighbur App which
we make from time to time;
k)
We process
information about you in accordance with our Privacy Policy, which is available
on our website at www.neighbur.com. By using the Neighbur App or Mobile
Services, you consent to such processing and you warrant that all data provided
by you is accurate;
l)
If you
choose, or you are provided with, a user identification code, password or any
other piece of information as part of our security procedures, you must treat
such information as confidential, and you must not disclose it to any third
party. We have the right to disable any user identification code or password,
whether chosen by you or allocated by us, at any time, if in our opinion you
have failed to comply with any of the provisions of these Terms of Use; and
m)
To improve
the efficiency and performance of our platform, we reserve the right to remove
any User Generated Content that is expired or has been inactive where no set
expiry date is set. For the purposes of this article, inactive means the user
generated content that had no activity during two calendar years.
You acknowledge and agree
that some or a portion of the Neighbur Mobile Services are available on a
pre-paid subscription fee basis only. Our Mobile Services subscription plans
(the “Subscription”) and the fees for the respective Subscriptions (the
“Subscription Fees”) are published on our website at www.neighbur.com.
By applying for a
Subscription on the Neighbur Site, you explicitly agree that:
a)
The
Subscription will be activated as soon as Neighbur has been able to verify your
payment;
b)
The
Subscription is charged automatically once per month and entered on the basis
of auto-renewal. Unless you change your subscription plan to free, we will
renew your Subscription automatically by withdrawing the fee for your
Subscription from your authorized credit card account on the next billing cycle;
c)
Failure to
charge your credit card account will result in an immediate suspension of your
Subscription.
d)
We have
various subscription plans with different respective prices, which can be
reviewed or changed by us from time to time; and
e)
We reserve
the right to change the Subscription and Subscription Fees at any time without
further notice. Such changes will come into effect for your Subscription on the
next renewal date.
a)
If you
breach this Application Agreement, including but not limited to violating the
Usage Rules in Section 3.2 above or any of the Additional Terms, we may, in our
sole discretion, immediately terminate this Application Agreement without
notice to you. In the event that this Application
Agreement is terminated, you agree that all provisions of this Application Agreement,
with the exception of Section 2 above (“License Grant”) shall survive
termination and continue in effect.
b)
We reserve
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, our Neighbur App (or any part thereof) or our
Mobile Services with or without notice. You agree that we shall not be liable
to you or any third party for any such modification, suspension or
discontinuance of our Neighbur App or Mobile Services. In addition, we reserve
the right to terminate your access to our Neighbur App for any reason, and to
take any other actions that we, in our sole discretion, believe to be in the
interest of our company and of our users as a whole. Upon termination, you agree that you must
destroy all copies of the Neighbur App.
a)
By using
the Neighbur App to view or interact with digital content from our servers, you
agree and understand that you are also submitting digital content viewed by you
on your Device to our Neighbur App, website and/or our servers (the “Site”). By posting, uploading, transmitting or
submitting data, works or other content (“User Content”) on or to our
Site (regardless of the form or medium with respect to such content, whether
text, videos, photographs, audio or otherwise), you agree to abide by our Posting Community Guidelines and automatically
grant (or warrant that the owner of such materials expressly grants) NEIGHBUR
and its affiliates and licensors a world-wide, perpetual, royalty-free,
irrevocable and non-exclusive right and license to use, copy, modify, store,
adapt, transmit, communicate, publicly display and perform, distribute and
create compilations and derivative works from such transmitted or submitted
materials and to use such content to make the Neighbur Mobile Services
available to you and for our general business purposes which shall include, but
are not limited to our promotional and marketing purposes. Such license will
apply with respect to any form, media, data or technology now known or later
developed. In addition, you warrant that all "moral rights" in the
User Content and all such materials have been waived.
b)
You hereby
acknowledge and agree that your use of the Neighbur App and the Mobile Services
is sufficient consideration for the grant of this license to us.
c)
Without
limitation to Section 3.2(f) above, you represent, warrant and undertake that
all User Content does not and will not infringe the rights (including the
Intellectual Property Rights) of any third party and shall comply with all
applicable laws and that you accept and agree to all terms contained in our Posting Community Guidelines and Event Provider Terms of Service. A copy of the Posting
Community Guidelines and Event Provider
Terms of Service together with our other Additional Terms can be found
at www.neighbur.com and where available, on
the Neighbur App.
d)
You shall
indemnify Neighbur and shall keep Neighbur indemnified from and against all
losses arising out of or in connection with any claim or allegation that the
User Content infringes all applicable laws and/or the rights (including, without
limitation, the Intellectual Property Rights) of any third party.
We reserve all
intellectual property rights in the Neighbur App and our Services including the
Mobile Services, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark,
logo, copyright or other proprietary notice in or on the Neighbur App. This Agreement does not grant you any right
to use the trademarks, service marks or logos of Neighbur or its licensors.
a)
We reserve
the right to change this Application Agreement or these Terms and Conditions at
any time, and you agree (including by virtue of your continued use of the
Neighbur App) to be bound by any such changes, effective upon notice to you,
which notice shall be deemed to have been provided upon our posting of the
current version of our Terms and Conditions on the Neighbur App or at www.neighbur.com.
Unless explicitly stated otherwise, any new features or functionality
(including, without limitation, video and related projects) that augment or
enhance the Neighbur App shall be subject to the Application Agreement. Your continued use of the Neighbur App after
changes are posted constitutes your acceptance of the amended Terms of Use.
b)
If we
modify the Agreement, we will post a notice on the Neighbur website located at www.neighbur.com. If you do not wish to accept the
new agreement, you may terminate this Application Agreement in accordance with
Section 5 above, by discontinuing to use the Neighbur App and deleting the
Neighbur App from your Device(s).
9.1 Indemnity
a)
We make no
representation or warranty, express or implied, that information and materials
on the Neighbur App are correct, no warranty or representation, express or
implied, is given that they are complete, accurate, up to date, fit for a particular
purpose and, to the extent permitted by law, we do not accept any liability for
any errors or omissions. This shall not affect any obligation which we may have
under any contract that we may have with you to provide you with specified
products or services.
b)
Provided
you are in compliance with this Application Agreement and our Additional Terms,
we will at our expense and option defend or settle any Claim brought against
you alleging that the Neighbur App or your possession and use of the Neighbur App
breaches any third-party intellectual property rights. We, and not Apple or
Google, will be solely responsible for the investigation, defense, settlement
and discharge of this third-party intellectual property infringement claim.
9.2 Limitation
We will have no
obligation with respect to any Claim under Section 9.1.b above unless:
a)
You
promptly notify us about the Claim in writing;
b)
You allow
us to have sole control of the defense and settlement of any such Claim; and
c)
You
provide us with reasonable assistance in connection with our defense and
settlement of any such Claim.
9.3 Our Options
If the Neighbur App
infringes or misappropriates, or in our sole reasonable determination is likely
to infringe or misappropriate any third party’s intellectual property rights,
then we may, at our sole option and expense:
a)
Obtain
from the third party the right to continue to use the Neighbur App consistent
with the rights granted hereunder; or
b)
Modify the
Neighbur App to avoid and eliminate such infringement or misappropriation.
9.4 Exclusions
We will not be liable
for any infringement based on:
a)
Modification
of the Neighbur App by anyone other than us; or
b)
The
combination of the Neighbur App with other software, items or processes not
furnished by us if such infringement would have been avoided by the use of the software
alone.
a)
The
Neighbur App has been developed with, and the Mobile Services are provided
with, reasonable care and skill. Neighbur does not make any other promises or
warranties about the Neighbur App and in particular does not warrant that:
I. The Neighbur App will provide uninterrupted or
error-free use and the Mobile Services will be uninterrupted or error-free; and
II. The Neighbur App and Mobile Services will
operate free from loss, corruption, attack, viruses, interference, hacking, or
other security intrusion. You shall be responsible for backing up your own Device
and/or system.
III. We do not warrant that the App will be
compatible with your Device or all hardware and software which you may use. We
shall not be liable for damage to, or viruses or other code that may affect
your Device (including but not limited to your mobile device) or any equipment,
software, data or other property as a result of your download, installation,
access to or use of the Neighbur App or your obtaining any material from, or as
a result of using, the Neighbur App. We shall also not be liable for the
actions of third parties.
IV. You assume sole responsibility for results
obtained from the use of the Neighbur App and Mobile Services, and for
conclusions drawn from such use. We shall have no liability for any damage
caused by errors or omissions in any information, instructions or experiences
provided to us by you or other Site users in connection with the Neighbur App
or Mobile Services, or any actions taken by us at your direction.
b)
In no case
shall Neighbur be liable for any loss or damage caused by the Neighbur App or
Mobile Services where:
I. There is no breach of a legal duty of care owed
to you by Neighbur;
II. It is not a reasonably foreseeable result of
any such breach;
III. Any increase in loss or damage results from
breach by you of any term of this Agreement or the Additional Terms;
IV. It results from a decision by Neighbur, to
suspend or terminate your access to the Neighbur App, our Site or the Mobile
Services, or to take any other action during the investigation of a suspected
breach or as a result of a breach, of this Agreement or the Additional Terms;
V. It relates to loss of income, business or
profits, or any loss of data or corruption of data in connection with your use
of the Neighbur App, our Site or the Mobile Services; or
VI. The loss or damage is indirect.
a)
In no event shall we or any of our corporate
affiliates, independent contractors, service providers or consultants, or any
of their respective directors, employees and agents, be liable for any direct,
special, indirect or consequential damages, or any other damages of any kind,
including but not limited to, loss of use, loss of profits or loss of data,
whether in an action in contract, tort (including but not limited to
negligence) or otherwise, arising out of or in any way related to or connected
with any use of the Neighbur App or the Mobile Services, or the content
contained in or accessed through this Neighbur App.
b)
You assume
all responsibility and risk with respect to your use of the Neighbur App. The
app is available “as is,” and “as available”. You understand and agree that, to
the fullest extent permitted by law, we disclaim all warranties,
representations and endorsements, express or implied, with regard to the Neighbur
App, including, without limitation, implied warranties of title,
merchantability, non-infringement and fitness for a particular purpose. We do
not warrant that your use of the site will be uninterrupted or error-free or
that errors will be detected or corrected. We do not assume any liability or
responsibility for any computer viruses, bugs, malicious code or other harmful
components, delays, inaccuracies, errors or omissions, or the accuracy,
completeness, reliability or usefulness of the information disclosed or
accessed through the Neighbur App or Mobile Services.
c)
You
understand and agree that we have no duty to update or modify the Neighbur App
and we are not liable for our failure to do so. In no event, under no legal or
equitable theory (whether tort, contract, strict liability or otherwise), shall
we or any of our respective employees, directors, officers, agents or
affiliates, be liable hereunder or otherwise for any loss or damage of any
kind, direct or indirect, in connection with or arising from the Neighbur App,
the use of the Neighbur App or our agreement with you concerning the Neighbur App,
including, but not limited to, compensatory, direct, consequential, incidental,
indirect, special or punitive damages, lost anticipated profits, loss of
goodwill, loss of data, business interruption, accuracy of results, or computer
failure or malfunction, even if we have been advised of or should have known of
the possibility of such damages.
d)
If we are
held liable to you in a court of competent jurisdiction for any reason, in no
event will we be liable for any damages in excess of one hundred fifty dollars
($150.00 USD).
e)
Some
jurisdictions do not allow the limitation or exclusion of liability for
consequential or incidental damages, so the above limitation or exclusion may
not apply to you. If any limitation on remedies, damages or liability is
prohibited or restricted by law, we shall remain entitled to the maximum disclaimers
and limitations available under this agreement, at law and/or in equity.
a)
We can, at
any time, suspend or terminate your use of the Neighbur App and/or the Mobile
Services. Without limitation, we may do this if we think it is reasonably
necessary because:
I. We have concerns about the security of the
Neighbur App or Mobile Services;
II. We are obliged to do so in order to comply with
the order of a court, regulatory authority or other government body;
III. We reasonably believe that you are using the
Neighbur App or Neighbur Services in a manner that is inconsistent with or
breaches any of our, or a applicable Operator’s (such as Apple or Google) usage
rules; or
IV. We believe that the content
created/posted/saved by you on our Neighbur App or Neighbur website violates
the any of our Usage Rules.
b)
While we
are not required to do so, we may attempt to provide you with advance notice of
any suspension or cancelation and may endeavor to tell you why. However, you
understand and agree that we are not required to provide any advance notice or
explanation to you, and that we will not do so if this would compromise our
reasonable security measures or where it may be unlawful for us to do so.
We will have the right
to seek injunctive relief to enforce this Application Agreement or to stop or
prevent an infringement of proprietary or other third-party rights.
In the unlikely event
that you wish to bring legal action against us these terms shall be governed by
and construed in accordance with the laws of the Province of Ontario, Canada
applicable to agreements made and to be entirely performed within the Province
of Ontario (even if your use is outside of the Province of Ontario), without
resort to its conflict of law provisions. You agree that any action at law or
in equity arising out of or relating to the Neighbur App or Mobile Services or
these terms shall be filed only in the provincial or federal courts located in
the Province of Ontario, and you hereby irrevocably and unconditionally consent
and submit to the exclusive jurisdiction of such courts
a)
You
represent and warrant that (a) your use of the Neighbur App and Mobile Services
will be in strict accordance with this Agreement and with all applicable laws
and regulations, including without limitation any local laws or regulations in
your country, state, province, city, or other governmental area, regarding
online conduct and acceptable content, and regarding the transmission of
technical data exported from Canada or the United States or the country in
which you reside and (b) your use of the App will not infringe or misappropriate
the intellectual property rights of any third party.
b)
By using
the Neighbur App or Mobile Services, you expressly agree to be bound by these
Terms and to follow these Terms and all applicable laws and regulations
governing the Neighbur App and Mobile Services. To the extent that there is a
conflict between these Terms and Additional Terms for the Site activity in
which you choose to participate, the Additional Terms shall govern. These Terms
will remain in full force and effect as long as you are a user of the Neighbur
App and in the event of termination of any membership, service or feature, you
will still be bound by your obligations under these Terms, including any
indemnifications, warranties and limitations of liability. These Terms and Conditions and the Additional
Terms contain our terms of service that govern our relationship with Site users
and others who interact with our Site, and comprises our User Agreement with
you (collectively, the “User Agreement”). This User Agreement
constitutes the entire Agreement between you and us regarding the use of the
Neighbur App and Mobile Services and supersedes any prior or contemporaneous
understandings and agreements between you and us related to its subject matter.
c)
You agree
to indemnify and hold Neighbur Inc. and each of our affiliates, successors and
assigns, and their respective officers, directors, employees, agents,
representatives, licensors, advertisers, suppliers, and operational service
providers harmless from and against any and all losses, expenses, damages,
costs and expenses (including attorneys’ fees), resulting from your use of the
Neighbur App and/or any violation of the terms of the User Agreement.
d)
We reserve
the right to assume the exclusive defense and control of any demand, claim or action
arising hereunder or in connection with the Neighbur App and all negotiations
for settlement or compromise. You agree to fully cooperate with us in the
defense of any such demand, claim, action, settlement or compromise
negotiations, as requested by us.
The section titles in
this Application Agreement are for convenience only and have no legal or
contractual effect.
Our failure to
exercise or enforce any right or provision of this Application Agreement shall
not operate as a waiver of such right or provision.
The parties agree that
each provision of this Application Agreement is intended to be construed to be
enforceable to the fullest extent possible. If any provision or part of a
provision of this Application Agreement is held to be unlawful, void, or
unenforceable, that provision or part of the provision shall be deemed
severable from this Agreement and not affect the validity and enforceability of
any remaining provisions.
You may not assign
your rights under this Application Agreement to any third party; we may assign
our rights under this Application Agreement by providing you with notice of
such assignment. If you do not wish our rights under this Application Agreement
to be assigned to a third party, you may terminate this Application Agreement
by providing us with written notice of the same. This Agreement will be binding upon and will
inure to the benefit of the parties, their successors, and permitted assigns.
We, and not Apple or
Google or any other Operator, are responsible for addressing any questions,
comments or claims relating to the Neighbur App and/or your use of the Neighbur
App and Mobile Services, including but not limited to:
a)
product
liability claims;
b)
personal
data claims;
c)
any claim
that the Neighbur App fails to conform to any applicable legal or regulatory
requirement; and
d)
claims
arising under consumer protection or similar legislation.
If you have any
comments or questions, please contact Neighbur by submitting a query at https://support.neighbur.com
If you believe that
any material within the Neighbur App infringes upon your copyright, pursuant to
the Digital Millennium Copyright Act, please send your written notice of
infringement to:
Neighbur Inc
PO 95536
Newmarket, ON
L3Y 8J8
Canada
You may also email a
copy of your written claims to our helpdesk at https://support.neighbur.com
Copyright © 2021 NEIGHBUR INC.
"Neighbur" and “Neighbur.com” are
trademarks of NEIGHBUR INC. All rights reserved.