Peersway Marketing Ltd.
Terms & Conditions
Last Updated: April 10, 2017
Peersway Marketing Ltd. (“Peersway”, “we”, or “us”) provides a service which, amongst other things, allows you as a user (a “user” or “you”) to be paid for promoting certain products and services through your social media accounts (the “Services”) as part of a designated Campaign (as hereinafter defined). For greater certainty, “Services” shall include any service or product we make available to or perform for you through the Site (as hereinafter defined). The web page at peersway.com, all linked pages under such domain, and any mobile applications or desktop applications made available to you by Peersway, together form the “Site”.
This document sets forth the terms and conditions that apply to your use of the Site. By using or accessing the Site and/or the Services, whether manually or by automated means, you agree to these terms. If you have any questions or concerns, please do not hesitate to contact us.
Changes To This Agreement
We may revise these Terms from time to time and the most current version will always be posted to our website. If a revision is, in our sole discretion, material we will notify you at the e-mail address you have most recently provided to us. By continuing to access or use the Site and Services, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Site and/or Services.
General Use and Site License
The Site and Services are intended for use only by those individuals who are at least 13 years of age. If you are not of the age of majority in your jurisdiction, you are not authorized to use the Site or Services without the permission and supervision of your parent or legal guardian. If you are under the age of majority, you warrant that you have the express permission of your parent or legal guardian to use the Site and the Services. If you are a parent or legal guardian and have authorized a minor to use the Site and Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Site and/or Services by the minor.
You are solely responsible for your interactions with other users of the Site and Services. We reserve the right, but are under no obligation, to monitor disputes between you and other users.
You agree that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and/or Services and all charges related thereto. We shall not be liable for any damages to your or any user’s equipment, or for any data charges resulting from the use of the Site or Services.
As a condition to using the Site and/or Services, you promise not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by Peersway. By way of example, and not as a limitation, you agree not to use the Site and/or Services:
- in any way that is false, inaccurate or misleading;
- to sell, transfer, license or assign your user account, username, or any other rights granted to you hereunder;
- in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
- to collect and use product listings, descriptions or images;
- to abuse, harass, threaten, impersonate or intimidate any person;
- to post or transmit, or cause to be posted or transmitted, any content on the Site and/or Services or any Social Media Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
- for any purpose (including posting or viewing content) or in any fashion that is not permitted under the laws of the jurisdiction in which you use the Site and/or Services;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site or Services;
- to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser;
- to create or transmit unwanted ‘spam’ to any person or any URL;
- to violate or attempt to violate the security of the Site and/or Services;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Peersway;
- to interfere with or attempt to interfere with the proper working of the Site and/or Services;
to sell or otherwise transfer your Site and/or Services account;
- to interfere in any way with the business of any other user of the Site; or
in any other way that violates these Terms.
Peersway shall have the right, but no obligation, to monitor the content and your activities on the Site and/or Services to determine compliance with these Terms and any other operating rules we establish.
We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, or to refuse any purchase orders that in Peersway’s sole discretion is inappropriate, objectionable or in violation of these Terms.
Peersway neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Services or on any Social Media Account, whether it is provided by Peersway, our employees, or a third party. Under no circumstances will Peersway be liable for any loss or damage of any kind caused by reliance on information obtained through the Site, Services, or a Social Media Account. Neither Peersway nor any third-party content provider shall assume or have any liability for any action or inaction by Peersway or any third party content provider with respect to any conduct, communication or posting on the Site, Services, or Social Media Accounts.
Third Party Service
Your use of any third-party service provider in connection with the Services, including, but not limited to (i) payment service providers such as PayPal; and (ii) social media technology providers such as Instagram and Facebook is governed by such third-party service provider’s then applicable terms and conditions and, to the extent that you make use of a third-party provider in connection with the Services, you hereby agree to abide by such terms. Any fees charged by a third-party service provider in connection with your use thereof shall be your sole responsibility.
Peersway may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, including without limitation if you breach the Terms, provided, however, that if any Fees have accrued but not been paid to you, then you shall remain entitled to payment of such Fees unless such suspension or termination is made due to your breach of these Terms or the terms of a specific Campaign. Upon termination of your account, your license to use the Site and Services will be revoked and your right to use the Site and/or Services will immediately cease. If you wish to terminate your Peersway account, you may simply discontinue using the Site and/or Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Site, Services, and/or Social Media Accounts may provide, or third parties may provide, links to other websites or resources. Because Peersway has no control over such sites and resources (including the Social Media Accounts), you acknowledge and agree that Peersway is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, including, but not limited to the Social Media Accounts. You further acknowledge and agree that Peersway shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
Intellectual Property Rights
By submitting Social Media Content to Peersway for approval in connection with a Campaign and/or by posting Social Media Content to a Social Media Account in connection with your participation in a Campaign, you shall be deemed to have transferred, assigned, granted, conveyed, assigned, set over unto and relinquished ownership of the Social Media Content and all intellectual property rights associated therewith to Peersway, provided, however, that you shall be deemed to have been granted by Peersway a license to post such Social Media Content to the designated User Social Media Accounts in connection with your participation in such Campaign. You hereby acknowledge that Peersway shall be entitled to sell or assign the right to use the Social Media Content to any third-party in its full discretion.
Unless you are advised otherwise, everything you see or read on the Site and/or Services is subject to copyright, trade mark or other forms of legal protection owned by or licensed by third parties to Peersway. Content may not be used except as provided in these Terms or in the text of the Site and/or Services without the written permission of Peersway.
Images displayed on the Site and/or Services or on a Social Media Account (provided such images were submitted to Peersway for approval in connection with a Campaign) are either the property of, or used with permission by, Peersway. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of such images or other content may violate the law.
The trade-marks and logos (collectively the “Trade-marks”) displayed on the Site and/or Services are registered and unregistered Trade-marks. Nothing contained in the Site and/or Services gives you permission to use these Trade-marks, and your use of the Trade-marks is strictly prohibited. Peersway reserves the right to enforce its intellectual property rights where applicable.
Release and Indemnity
You will indemnify, defend, and hold harmless Peersway against any actual or threatened third party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (“Claims”) arising out of or based upon any breach of these Terms or from any representation or warranty contained herein and made by the you which was or is at any time false, and indemnify Peersway from all damages, costs, and attorneys’ fees finally awarded in any such Claim against Peersway. Your obligation under this section is contingent on: (a) Peersway giving you prompt written notice of the Claim, provided that notice given by way of the e-mail address most recently provided by you shall be deemed to be effective notice; (b) Peersway granting you full and complete control over the defense and settlement of the Claim; (c) Peersway providing assistance in connection with the defense and settlement of the Claim as you may reasonably request; and (d) Peersway’s compliance with any settlement or court order made in connection with the Claim, provided that you may not agree to any settlement that imposes any obligation on Peersway without Peersway’s consent. Peersway will not defend or settle any Claim eligible for indemnification under this section without your prior written consent.
You hereby expressly and irrevocably release and forever discharge Peersway, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site, the Services, or the User Social Media Accounts.
In no event shall Peersway be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site, the Services, any Social Media Account or any Social Media Content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or (ii) to provide substitute goods or services (however arising).
Disclaimer of Warranties
THE SITE, THE SERVICES, THE CONTENT, THE USER CONTENT, THE SOCIAL MEDIA CONTENT AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY PEERSWAY ON AN “AS IS” AND “AS AVAILABLE” BASIS. PEERSWAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR SERVICES, OR TO THE FUNCTIONALITY OF ANY SERVICES OR PRODUCTS ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PEERSWAY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, PEERSWAY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, THE SERVICES, OR THE USER SOCIAL MEDIA ACCOUNTS AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PEERSWAY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE, THE SERVICES, OR THE SOCIAL MEDIA ACCOUNTS. BY USING THE SITE AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, SERVICES, OR PRODUCTS AND SERVICES ASSOCITAED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, SERVICES, AND/OR USER SOCIAL MEDIA ACCOUNTS, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. PEERSWAY DOES NOT WARRANT OR GUARANTEE THAT ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF PEERSWAY ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, PEERSWAY DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND PEERSWAY, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
The Security of the Site
Peersway maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our users’, business partners’ and others’ information. For example, for the security of your online visit to the Site, Peersway may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Peersway strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Peersway will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
When you visit the Site, use the Services or send emails to Peersway, you are communicating with us electronically. You consent to receive communications from Peersway electronically. Peersway may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Peersway provides to you electronically satisfy any legal requirement that such communications be in writing.
Site Is for Use in Canada
Conflict With Other Agreements
These Terms are in addition to, and do not nullify, any other agreement between you and Peersway or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and Peersway, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site.
Void Where Prohibited by Law
Peersway administers and operates the Site and Services from its location in Ontario, Canada. Although the Site and Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site and/or Services are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Peersway reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Resolution of Disputes
If a dispute arises out of, or in connection with this Agreement, the parties agree to first meet to pursue resolution through negotiation.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Peersway in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Peersway shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Peersway’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Peersway may transfer, assign or delegate the Terms and its rights and obligations without consent.
Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.
Governing Law and Language
These Terms are made under and governed by and are to be construed in accordance with the laws of Province of Ontario and the federal laws applicable therein. The parties hereto hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario with respect to any disputes arising out of this Agreement.
All notices or other correspondence to Peersway under this Agreement must be sent to the following electronic mail address for such purpose: email@example.com.
Or to the following physical address:
Peersway Marketing Ltd.
45 Dunfield Avenue
Toronto, Ontario, Canada
If you have any questions about this Agreement or if you wish to report breaches of this Agreement, please contact us.