INSTACONNECT INC.
TERMS OF SERVICE & PRIVACY POLICY
Watch Together App
TERMS OF SERVICE
Date: August 4, 2022 (Updated)
These Terms of Service govern your relationship with Instaconnect Inc. (Watch Together App) and your use of
Instaconnect Services. By installing, accessing, or using the Watch Together App, using the service or any other
associated services, features, software, or website(s) you hereby acknowledge and agree that you have read,
understood, acknowledge and agree to these terms of service.
These Terms of Service contain a binding arbitration provision. You agree to resolve all disputes with
Instaconnect Inc. through binding arbitration on an individual basis. You hereby waive any right to have any
disputes decided in court or otherwise by a judge or jury, and you waive your right to participate in any class
action, class arbitration, or representative action in respect of Instaconnect, in which Instaconnect is or may
become a party, or as a result of any relationship with Instaconnect.
1. DEFINITIONS
In these Terms of Service, unless the context otherwise requires:
Appmeans the Watch Together Application, installed on one or more mobile devices, normally downloaded
and installed from or through the Apple App Store or Google Play Store.
Content means any one, or a combination of: data; text; files; information; usernames; images; graphics;
photos; videos; profiles; works of authorship; application; any and other media, content or materials without
limitation.
“Claim” has the meaning ascribed to it in Section 12.
Devicemeans an electronic device capable of accessing the Service or on which the App may be installed. A
device includes, but is not limited to, a mobile or smart phone, tablet, smart or electronic watch, computer or
similar device capable of running software or other code.
Dispute” means any Claim or possible Claim which may arise out of a disagreement in respect of, or breach of,
these Terms or the Services.
Excluded Dispute means any Dispute relating to the enforcement or infringement of intellectual property
rights. For greater clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any
way in connection with your rights of privacy and publicity are not Excluded Disputes.
“Watch Together App Account” has the meaning ascribed to it in Section 2.
“Watch Together App Content” has the meaning ascribed to it in Section 11.
InstaConnect , “Watch Together App ”, our”, we and us means InstaConnect Inc. and any of its
affiliates, (as such term is defined in the Business Corporations Act (Alberta)).
InstaConnect Parties” has the meaning ascribed to it in Section 12.
InstaConnect Websitemeans the internet website(s) through which information about InstaConnect, the App
or the Service may be accessed, or through which your Watch Together App Account or the Service may be
accessed.
Privacy Policy” has the meaning ascribed to it in Section 7.
Servicemeans the App together with any services, features, software or websites associated with the App or
with InstaConnect.
Terms” means these Terms of Service, as may be amended or supplemented from time to time.
“Transmit or “Transmission”, as the case may be, means, in respect of Content, to communicate, upload,
store, send, receive, post, convey or otherwise electronically transmit to, though or using InstaConnect or the
Service;
2. REGISTRATION
In order to access or use the Service, you must first register to create an account (a “Watch Together App
Account”) with InstaConnect.
Your Account will be created for your use of the Service based upon the personal information you provide to us.
You agree to provide accurate, current and complete information during the registration process and to update
such information to keep it accurate, current and complete.
InstaConnect reserves the right to suspend or terminate your Account and your access to the Service if you create
more than one Account, or if any information provided during the registration process or thereafter is, or is
believed to be, in InstaConnect’s sole discretion, inaccurate, fraudulent, not current, incomplete or otherwise in
violation of these Terms.
When creating your Account, you will be required to register your device with InstaConnect. You are
responsible for safeguarding your device at all times and you agree that you will not allow your device to be
used by any third party while the App is installed or which may otherwise be used to access the Service.
Unless expressly authorized by InstaConnect, you are not permitted to share your Account with anyone or allow
others to access or use your Account or the Service associated therewith. You agree that you will take sole
responsibility for any activities or actions taken using your Account, whether or not you have authorized such
activities or actions. You will immediately notify InstaConnect of any unauthorized use of your Account or your
device.
If we disable your Account for a violation of these Terms, or for any other reason, you may not create another
Account without our written permission.
When registering for an Account, you must provide your social login information (Facebook or Google/Gmail)
that is associated with the device on which the App is installed and used at the time of registration.
You agree to receive messages to confirm your information and complete the registration and creation of your
Account.
InstaConnect may take such additional steps or actions, as determined in its sole discretion, at any time and from
time to time, to confirm the accuracy of the information provided at the time of registration of your Account.
You hereby consent to InstaConnect investigating or taking such other steps as necessary, in the sole discretion
of InstaConnect, to verify or confirm the information provided in respect of your Account, including making
enquiries to, and obtaining personal information from, third parties.
We reserve the right to refuse access to the Service to anyone for any reason at any time without notice.
With the exception of people or businesses that are expressly authorized to create an Account on behalf of their
employers or clients, you agree that you will not create an Account for anyone other than yourself.
You agree that you will not solicit, collect or use the Account of any other InstaConnect user.
You must not create Accounts through unauthorized means, including but not limited to, the use of an automated
device, script, bot, spider, crawler or scraper.
3. Permissions:
(a) Location – Allows you to view Watch Together Rooms in your preferred country, radius or worldwide.
(b) Contacts – Allows you to invite your contacts to use our app services, including Watch Together Rooms.
(c) Camera – Allows you to take a picture for your profile picture.
(d) Photos (Storage) – Allows you to upload profile picture from your phone storage.
(e) Videos (Storage) – Allows you to stream videos directly from your phone video gallery.
4. Login:
You can login to 'Watch Together App' using your Google or Facebook account. The validation process will be
done by the Google or Facebook servers. On our servers, we only keep basic information such as your account
details.
You represent and warrant that the information submitted from your social login account (Facebook or Google)
is accurate and truthful and that you will promptly update any information provided by you that subsequently
becomes inaccurate, incomplete, misleading or false.
You authorize us to access and use certain Facebook account information, including but not limited to your
public Facebook profile and information about Facebook friends you might share in common with other Watch
Together users. For more information regarding the information we collect from you and how we use it, please
consult our Privacy Policy.
You are responsible for the maintenance of the confidentiality of your username and passwords you designate
during the registration process, and you are solely responsible for all activities that occur under your username
and password, and your account.
5. Minimum Age
You must meet the minimum age requirement in your country or jurisdiction to use applications from the App
Store, Google Play Store, or from other means or stores providing our services. In general, you need to be at
least 13 years old to use our services, but you may need to be older depending on your country or jurisdiction
requirement.
6. Fees and Taxes
You are responsible for all carrier data plan, other fees and taxes associated with the use of your device and the
Service.
Although we are currently providing the Watch Together services free of any cost, but in the future, we may
with your prior consent charge you for some or all of the Service and any applicable taxes.
InstaConnect does not provide refunds for amounts paid, in part or in full, toward the Service, except as required
by law.
7. Privacy Policy and User Data
(a) InstaConnect’s privacy policy (“Privacy Policy”) describes InstaConnect’s information practices, including
the types of information we receive and collect from you and how InstaConnect uses such information.
(b) You acknowledge that the nature of the internet and computer networks makes them vulnerable to possible
malicious attacks, hacking or unintentional breaches of security that could result in a compromise of your
Content or personal information, including the possibility that such information may be used for illegal and
authorized purposes such as identity theft. You hereby acknowledge and agree that InstaConnect is in no way
responsible or liable for any such compromise of content or information or any use thereof.
(c) You agree to our data practices, including the transmission, collection, use, processing, and sharing of your
information as described in our Privacy Policy, as well as the transfer and processing of your information to such
countries globally (including Canada) where we have or use facilities, service providers, or partners, regardless
of where you are located or where you use the Service.
(d) You acknowledge that the laws, regulations, and standards of the country in which your information is stored
or processed may be different from those of your own country; and your Content and personal information may
be subject to access or review by foreign governments or their agencies as required by the law.
(e) We may, but have no obligation to, remove, block and/or monitor Content or Accounts containing Content
that we determine in our sole discretion violates these Terms.
(f) The Service may allow you to access, use, or interact with other third-party products and services. Such third-
party services may be integrated with the Service or otherwise interact with the Service, or allow the App to
share, store, remove or provide information to which it has access. InstaConnect does not control, maintain or
endorse any of these third-party web services. You expressly acknowledge and agree that InstaConnect is in no
way responsible or liable for any such third-party services or features.
(g) When you use third-party services, their own terms and policies, including in respect of privacy, will govern
your use of those services and such policies may differ or conflict with these Terms or other InstaConnect
policies, including the Privacy Policy.
(h) You are solely responsible for your interaction with other users of the Service, whether online or offline. You
understand that we do not conduct criminal background checks or screening on our users. You agree that
InstaConnect is not responsible or liable for the conduct of any InstaConnect user. In no event shall the
Company, it's affiliates or partners be liable (directly or indirectly) for any losses or damages whatsoever,
whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or
relating to the conduct of you or anyone else in connection with the use of the Service including, without
limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications in
any form with any other users of the Services and/or Application. InstaConnect reserves the right, but has no
obligation, to monitor or become involved in discussion, disagreements or disputes between you and other
InstaConnect users.
(i) You may not crawl, scrape, cache or otherwise access any content on the Service via automated means,
including but not limited to, user profiles and photos.
8. Content
(a) You are solely responsible for the Content and information you post or share using our Services. This
includes, but is not limited to, upload, publish, link to, transmit, record, display, stream, or otherwise make
available on the Services or Application, or transmit to other users, including text messages, emojis, chat, videos
(including streaming videos), photographs, or profile text, whether publicly or privately transmitted or posted.
(b) You may not post content that is:
(i) offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing or racially
offensive.
(ii) illegal material, or that infringes or violates another person's rights including intellectual property rights, and
rights of privacy and publicity.
(c) We respect the rights of content owners, and therefore we prohibit copyright infringement or the
infringement of other intellectual property rights through the Services or Application. Unless you have the
necessary permissions from the rightful owner of the material, you may not contain or stream third party
copyrighted material, or material that is subject to other third party proprietary rights. You affirm, represent and
warrant that you own or have the necessary licenses, rights, consents and permissions to stream any Content to
the Services or Application.
(d) You understand and agree that InstaConnect may, but is not obligated to, monitor or review any Content you
post as part of the Services or Application. We may delete any Content that in the sole judgement of the
Company violates this Agreement or may harm the reputation of the Services or Application, or the Company.
(e) Third-Party Content and Services:
(i) You acknowledge that the Services and Application may allow access to Third Party products, services,
websites, advertisements, promotions, recommendations, advice, information, and materials created and
provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties.
(ii) InstaConnect does not investigate, monitor, represent or endorse the Third Party Content and Services
(including any third party websites available through the Services).
(iii) Your access to and use of the Third Party Content and Services is at your sole discretion and risk, and
InstaConnect and its affiliates, partners, suppliers, and licensors shall have no liability to you arising out
of or in connection with your access to and use of the Third Party Content and Services. Furthermore,
we disclaim any representation, warranty or guaranty regarding Third Party Content and Services.
(iv) You acknowledge and agree that your access to and use of the Third Party Content and Services and any
dealings between you and any third party using the Application or Services are governed by and require
your acceptance of the terms of service of such third party, including, without limitation, any terms,
privacy policies, conditions, representations, warranties or disclaimers contained therein.
(v) When dealing with the Third Party Content and Services, you assume all risks arising out of or resulting
from your dealings with the third party, and you agree that InstaConnect and its affiliates, partners,
suppliers and licensors are not responsible or liable for any loss or result of the presence of information
about or links to such advertisers or service providers.
(vi) You acknowledge and agree that an access to any Third Party Content or Services shall not constitute or
imply any endorsement by InstaConnect or its affiliates of such Third Party Content and Services. We
reserve the right to restrict or deny access to any Third Party Content and Services otherwise accessible
through the Application or Services, although we have no obligation to restrict or deny access.
(vii) You agree that you will not use any Third Party Content and Services in a manner that would infringe or
violate the rights of any party, and that InstaConnect is not in any way responsible for any such use by
you.
(f) Watch Together App (InstaConnect) is a platform that permit users to stream media content. We do not host
or store content that is streamed by users on our our servers.
(g) Users may submit working website URL's to be shared with other users. These will show under www icon.
Instaconnect is not obligated to monitor the authenticity, legality and content of these websites. You are using
these websites solely at your own risk. You shall not use any websites that infringes or violates the rights of any
party, and that InstaConnect is not in any way responsible for any such use by you.
(h) Watch Together App (InstaConnect) respects the intellectual property rights of others. If you believe that
anything on the Services infringes any copyright that you own or control, you may file a notice of such
infringement with our designated agent at our company email. Be sure to consider whether fair use, fair dealing,
or a similar exception to copyright applies before your submit the notice of infringement. Please provide the
following information with your notice:
(i) An electronic or physical signature of a person authorized to act on behalf of the owner of the
copyright allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted
works at a single online site are covered by a single notification, a representative list of such works
at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit Watch Together App (InstaConnect) to locate the material;
(iv) Information reasonably sufficient to permit Watch Together App (InstaConnect) to contact the
complaining party, such as address, telephone number, contact name and an electronic mail address
at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, the agent of the copyright owner or the law;
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
9. Legal and Acceptable Use
(a) You must access and use the Service only for legal, authorized, and acceptable purposes.
(b) You will not use, or assist others in using, the Service in ways that:
(i) violate, misappropriate, or infringe the rights of InstaConnect, InstaConnect users, or any other person,
including privacy, publicity, intellectual property, or other proprietary rights;
(ii) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically
offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including
promoting violent crimes;
(iii) involve publishing falsehoods, misrepresentations, or misleading statements;
(iv) impersonate any person or entity;
(v) involve sending illegal or impermissible communications; or
(vi) involve any non-personal use of the Service unless otherwise authorized in writing by InstaConnect;
(c) You may not transmit violent, discriminatory, unlawful, infringing, hateful, and other such content using the
Service.
(d) You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
(e) You must not transmit private or confidential information (unless you have the full consent of the rightful
owner of such information) via the Service, including, without limitation, person's name, physical address, credit
card information, government identity numbers, non-public phone numbers or non-public email addresses.
(f) You must not provide 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.
(g) You must not share videos or images of a person without their permission or in the case of a minor, their
legal guardian permission.
(h) You must not exploit people in a sexual, violent or other illegal manner, or solicits personal information from
anyone under the age of 18.
(i) You must not use our services if you are registered sex offender.
(j) You must not publicize or promote commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, and pyramid schemes.
(k) You must not use the Service while driving or operating a vehicle or other machinery that may create a risk
of harm to yourself or others.
(l) You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules
and regulations applicable to your use of the Service and your Content, including but not limited to, copyright
and other intellectual property laws.
(m) You are solely responsible for your conduct and any Content that you submit, display or otherwise transmit
on or through the Service.
(n) You must not change, modify, adapt or alter the Service, or change, modify or alter another website so as to
falsely imply that it is associated with the Service or InstaConnect.
(o) You must not transmit unwanted content, harassing communications, spam, solicitation or advertising of any
kind to any other person or users.
(p) You must not interfere or disrupt the Service or servers or networks connected to the Service, including by
transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You
may not inject content or code or otherwise alter or interfere with the way the App or any InstaConnect page or
content is rendered or displayed in a user's browser or device.
(q) You must not attempt to restrict another InstaConnect user from using or enjoying the Service and you must
not encourage or facilitate violations of these Terms or any other InstaConnect policies.
(r) For as long as the App is installed on any of your device(s), and for as long as you use the Service or maintain
your Account, you consent to downloading and installing updates to the App or the Service, some of which may
be downloaded and installed automatically to your device(s) without your knowledge.
10. Harm to InstaConnect or InstaConnect Users
(a) You must not, or assist others to, access, use, copy, adapt, modify, prepare derivative works based upon,
distribute, license, sublicense, transfer, display, perform, or otherwise exploit the Service in impermissible or
unauthorized manners, or in ways that burden, impair, or harm us, the Service, systems, InstaConnect users, or
others, including that you must not directly or through automated means, without limitation:
(i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from the
Service;
(ii) send, store, or transmit viruses or other harmful computer code through or onto the Service;
(iii) gain or attempt to gain unauthorized access to the Service or systems;
(iv) interfere with or disrupt the integrity or performance of the Service;
(v) create accounts for the Service through unauthorized or automated means;
(vi) collect the information of or about our users in any impermissible or unauthorized manner;
(vii) sell, resell, rent, or charge for the Service; or
(viii) distribute or make the Service available over a network where they could be used by multiple devices
at the same time.
(b) You understand and acknowledge that there is evidence that the use of mobile devices may lead to health,
medical issues or disease, including but not limited to cancer. You agree not to use the Service in such manner
that may unnecessarily increase possible health effects, and you hereby acknowledge and agree that such use is
in your sole discretion and InstaConnect is not liable or responsible for any health effects suffered as a result of
using the Service.
(c) You must not use the Service to physically meet any person, that is not otherwise personally known to you.
Meeting persons who are not known to you outside of the Service creates a risk to your safety. InstaConnect is
not liable or responsible for harm or risk of harm by third parties, whether such third parties are InstaConnect
users or not, that arises from the use of the Service, including, but not limited to, communication through the
chat feature.
11. Licenses
(a) Your Rights
(i) InstaConnect does not claim ownership of the Content that you submit or transmit through InstaConnect
or the Service.
(ii) You must have the necessary rights to Content that you transmit and the right to grant the rights and
licenses as set out in these Terms or otherwise required by law.
(b) InstaConnect’s Rights
(i) We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other
intellectual property rights associated with InstaConnect, the App and the Service.
(ii) You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual
property rights unless you have our express written permission.
(c) Your License to InstaConnect
(i) InstaConnect does not claim ownership of any non-private content that you transmit (such as your
feedback). Instead, you hereby grant to InstaConnect a non-exclusive, fully paid and royalty-free,
transferable, sub-licensable, worldwide license to use the non-private content that you transmit, subject to
InstaConnect’s Privacy Policy.
(d) You represent and warrant that:
(i) you own the Content you transmit or otherwise have the right to grant the rights and licenses set forth in
these Terms;
(ii) the transmission or use of your Content on or through the Service does not violate, misappropriate or
infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights,
copyrights, trademark and/or other intellectual property rights;
(iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you transmit;
and
(iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
(e) InstaConnect’s License to You
(i) We grant you a limited, revocable, non-exclusive, non- sublicensable, and non-transferable license to
use the App and the Service, subject to and in accordance with these Terms and any applicable
InstaConnect policies or practices.
(ii) This license is for the sole purpose of enabling you to use the Service, in the manner intended and
provided for in these Terms.
(iii) No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights
expressly granted to you in these Terms or otherwise agreed to in writing by InstaConnect.
(f) We may terminate your access to the Service, your Account and any Content or other data associated
therewith if you violate our Terms and/or infringe the privacy rights, publicity rights, copyrights, trademark
and/or other intellectual property rights of any other person or entity.
(g) The Service contains content owned or licensed by InstaConnect ("Watch Together Content"). Watch
Together App Content is protected by copyright, trademark, patent, trade secret and other laws, and, as
between you and InstaConnect, InstaConnect owns and retains all rights in the Watch Together App Content and
the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary
rights notices incorporated in or accompanying the Watch Together App Content and you will not reproduce,
modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell,
license or otherwise exploit the Watch Together App Content.
(h) The InstaConnect, and Watch Together App names and logos are trademarks of InstaConnect, and may not
be copied, imitated or used, in whole or in part, without the prior written permission of InstaConnect. In
addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or dress
of InstaConnect, and may not be copied, imitated or used, in whole or in part, without prior written permission
from InstaConnect.
(i) Some of the Service is supported by advertising revenue and may display advertisements and promotions.
You hereby acknowledge and agree that InstaConnect may place such advertising and promotions on the
Service. You also consent to receive email or other communication, including advertising or solicitation, from
InstaConnect. The manner, mode and extent of such advertising and promotions is in the sole discretion of
InstaConnect and are subject to change without notice.
(j) InstaConnect will not to accept or consider for payment or other consideration Content, information, ideas,
suggestions or other materials other than those we have specifically requested from you and to which certain
specific terms, conditions and requirements may apply. InstaConnect does not accept unsolicited materials or
ideas, and takes no responsibility for any materials or ideas so provided or sent to InstaConnect. If you send us
Content, information, ideas, suggestions, or other materials, you agree that InstaConnect is free to use any such
Content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without
limitation, developing and marketing products and services, without any liability, obligation or payment of any
kind to you.
12. Limitation of Liability
(a) WE ARE PROVIDING THE SERVICE ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND
FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE.
(b) WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE,
COMPLETE, OR USEFUL, THAT THE SERVICE WILL BE OPERATIONAL, ERROR FREE, SECURE, OR
SAFE, OR THAT THE SERVICE WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR
IMPERFECTIONS.
(c) WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN
INSTACONNECT USERS USE THE SERVICE OR THE FEATURES, SERVICES, AND INTERFACES THE
SERVICE PROVIDES.
(d) WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR
INFORMATION (INCLUDING CONTENT) OF INSTACONNECT USERS OR THIRD PARTIES.
(e) YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, ASSOCIATES AND THEIR DIRECTORS,
OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “INSTACONNECT
PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE
(TOGETHER “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT
OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD
PARTIES.
(f) THE INSTACONNECT PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR
CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO,
ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS, INSTACONNECT, OR
THE SERVICE, EVEN IF THE INSTACONNECT PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
(g) OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN
CONNECTION WITH THESE TERMS, US, OR THE SERVICE WILL NOT EXCEED ONE HUNDRED
DOLLARS (CDN$100). YOU HEREBY UNDERSTAND, ACKNOWLEDGE AND AGREE TO THIS
LIMITATION OF LIABILITY.
(h) YOU AGREE THAT INSTACONNECT IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE,
CONTENT TRANSMITTED THROUGH THE SERVICE. INSTACONNECT DOES NOT HAVE ANY
OBLIGATION TO PRESCREEN, MONITOR, EDIT, OR REMOVE ANY CONTENT. IF YOUR CONTENT
VIOLATES THESE TERMS, YOU MAY BE LEGALLY RESPONSIBLE FOR THAT CONTENT.
(i) SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS,
OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO
YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION
NOTWITHSTANDING THESE TERMS AND CONDITIONS.
13. Indemnification
(a) YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE INSTACONNECT PARTIES
FROM AND AGAINST ALL LIABILITIES, DAMAGES, LOSSES, AND EXPENSES OF ANY KIND
(INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATING TO, ARISING OUT OF, OR IN
ANY WAY IN CONNECTION WITH ANY OF THE FOLLOWING:
(i) YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING INFORMATION PROVIDED IN
CONNECTION THEREWITH;
(ii) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS; OR
(iii) ANY MISREPRESENTATION MADE BY YOU.
(b) YOU WILL COOPERATE AS FULLY AS REQUESTED OR REQUIRED BY US IN THE DEFENSE OR
SETTLEMENT OF ANY CLAIM.
14. Availability of the Service
(a) The Service may be interrupted from time to time or at any time without notice, including for maintenance,
repairs, upgrades, or network or equipment failures, or due to any event, whether within or out of our control.
(b) We may without notice at any time discontinue the Service in full or in part, including certain features and
the support for certain devices and platforms, at any time.
(c) Although it is InstaConnect's intention for the Service to be available as much as possible, there will be
occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or
upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also,
InstaConnect reserves the right to remove any Content from the Service for any reason, without prior notice.
Content removed from the Service may continue to be stored by InstaConnect, including, without limitation, in
order to comply with certain legal obligations, but may not be retrievable without a valid court order. You may
not rely on the Service for the purposes of Content backup or storage. InstaConnect will not be liable to you for
any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also
acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other
information may not be fully secure.
15. Termination of Service
(a) InstaConnect may terminate the Service in its sole discretion, in whole or in part, at any time without notice.
We may modify, suspend, or terminate your access to or use of the Service anytime for any reason, including but
not limited to a violation of these Terms or create harm, risk, or possible legal exposure for InstaConnect, our
users, or others.
(b) Violation of these Terms may, in InstaConnect’s sole discretion, result in termination of your Watch
Together App Account and your ability to use the Service. You understand and agree that InstaConnect cannot
and will not be responsible for the Content transmitted on the Service and you use the Service at your own risk.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for
InstaConnect, we may stop providing all or part of the Service to you.
(c) We reserve the right to modify or terminate the Service or your access to the Service for any reason, without
notice at any time, and without liability. If we terminate your access to the Service or you deactivate your Watch
Together App Account, your Content and all other data may no longer be accessible through your Watch
Together App Account.
(d) Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
(e) We reserve the right to force forfeiture of any username for any reason.
16. Entire Agreement
Unless a mutually executed agreement between you and InstaConnect provides otherwise, these Terms,
including the Privacy Policy and any other terms, policies, condition or agreements incorporated by reference,
expressly or impliedly hereby constitutes the entire agreement between you and InstaConnect in respect of
InstaConnect and the Service, and supersede any other or prior agreements.
17. Amendment of these Terms
(a) InstaConnect reserves the right, at its sole discretion, to modify the Service or App, or to amend, modify,
change, add to, or delete from these Terms from time to time.
(b) A notification of any update to the Terms will be posted on our Website or through a link in the App.
(c) InstaConnect will also update the date at the top of these Terms to reflect the date of such amendment.
(d) Changes to the Terms will be effective at the time of their posting to the InstaConnect Website, or when sent
through a link in the APP.
(e) Your continued access or use of the InstaConnect Services, will constitute your acceptance of such modified
Terms whether or not you have notice or actual knowledge of such modification.
(f) If the modified Terms are not acceptable to you, your only recourse is to cease using the Service. If you do
not close or otherwise cancel your Watch Together App Account you will be deemed to have accepted the
modified Terms in full.
18. No Violation of Local or Foreign Laws
(a) Neither the Service nor any part thereof, including the App, is intended for distribution to or use in any
country where such distribution or use would violate the law(s) or would otherwise subject InstaConnect to any
regulations in any country or jurisdiction.
(b) We reserve the right to limit our App or the Service, in part or in full, in any country or jurisdiction for any
reason without notice.
(c) You will not disguise your location or IP address through a proxy or any other method.
19. Assignment and Transferability of Rights
(a) All of InstaConnect’s rights and obligations under these Terms are freely assignable by InstaConnect to any
of our affiliates or associates (as such terms are defined in the Business Corporations Act (Alberta)), or in
connection with a merger, acquisition, restructuring, sale of assets, or by operation of law, or otherwise, and we
may transfer any and all information to any of our affiliates, associates, successor entities, or any other party in
respect of any of the foregoing types of transactions.
(b) You may not transfer any of your rights or obligations under these Terms to any other person or entity
without our prior written consent of InstaConnect.
20. No Waiver and Severability
(a) The failure of InstaConnect to enforce any right or provision of these Terms will not constitute a waiver of
future enforcement of that, or any other, right or provision.
(b) The waiver of any right or provision of these Terms will be effective only if in writing and signed by an
authorized representative of InstaConnect.
(c) Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these
Terms will be without prejudice to its other remedies under these Terms or otherwise.
(d) If any provision of these Terms is deemed unlawful, void, invalid, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the
remaining provisions, and the remaining provisions in these Terms will remain in full force and effect.
21. Forum, Venue and Governing Law
(a) For users in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the
Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You
agree that to the extent any claim or dispute you may have is resolved in Court, the claim or dispute must be
resolved exclusively by a Provincial Court or Federal Court located in Québec. You agree to submit to the
personal jurisdiction of the courts located within Québec for the purpose of litigating all such claims or disputes.
(b) For users outside of Québec: These Terms and Conditions shall be governed in all respects by the laws of
Alberta and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that to
the extent any claim or dispute you may have is resolved in Court, the claim or dispute must be resolved
exclusively by a Provincial Court or Federal Court located in Alberta. You agree to submit to the personal
jurisdiction of the courts located within Alberta for the purpose of litigating all such claims or disputes.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale
of Goods, the application of which is expressly excluded.
22. Dispute Resolution
YOU HEREBY SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES. YOU ARE
WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT OR OTHERWISE
BY A JUDGE OR JURY. YOU HAVE A LIMITED TIME TO START AN ARBITRATION. YOU MAY
NOT HAVE YOUR DISPUTE HEARD OR RESOLVED AS A CLASS ACTION, CLASS
ARBITRATION, OR A REPRESENTATIVE ACTION UNDER ANY CIRCUMSTANCES.
(a) Agreement to Arbitrate
(i) You agree to waive the right to a trial by judge or jury, or otherwise seek recourse in any court or
tribunal, for all Disputes, except for Excluded Disputes.
(ii) You agree that all Disputes (except for Excluded Disputes), including those relating to, arising out of, or
in any way in connection with your rights of privacy and publicity, will be resolved through final and
binding arbitration to be arranged by InstaConnect in such manner as it determines to be fair and
appropriate, acting reasonably.
(iii) If you are unsuccessful in the arbitration, you are liable to pay the cost of the arbitration, including
InstaConnect’s legal fees.
(iv) You agree not to combine a Dispute that is subject to arbitration pursuant to these Terms with a Dispute
that is an Excluded Dispute.
(v) InstaConnect may require you to, in InstaConnect’s sole discretion, participate in mediation or
settlement discussion prior to commencing arbitration.
(b) Time Limit to Start Arbitration
(i) You agree that for any Dispute (except for Excluded Disputes) you must commence an arbitration
proceeding within six months after the Dispute first arose. In the event such proceeding are not commenced
within six months of the Dispute first arising, such Dispute is permanently barred and you shall have no
recourse or cause of action against InstaConnect.
(ii) If you do not commence an arbitration within six months after the Dispute first arose, then you consent
to the dismissal of the arbitration or any claim made through the Courts.
(c) No Class Actions, Class Arbitrations, or Representative Actions
(i) You agree that you may bring Disputes against InstaConnect only on your own behalf and not on behalf
of any other person or entity or any class of person or entities.
(ii) You agree not to participate in any class action, class-wide arbitration, Disputes brought in a
representative capacity, or consolidated Disputes involving any other person or entity.
23. Language
(a) Les parties aux présentes ont exigés que la présente convention ainsi que tous les documents et avis qui s’y
rattachent et/ou qui en découleront soient rédigés en la langue anglaise.
The parties hereto have required that these Terms and all documents and notices resulting therefrom be
communicated only in English.
(b) Any translated version of these Terms are provided solely for your convenience.
(c) To the extent any translated version of these Terms conflicts with the English version, the English version
shall prevail.
24. Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us on our
company email.
PRIVACY POLICY
Date: August 4, 2022 (Updated)
PRIVACY POLICY OVERVIEW
This Privacy Policy establishes rules to govern the collection, use and disclosure of personal information
collected by InstaConnect Inc. (the “Company”) in the course of business, in compliance with federal and
provincial privacy laws including the Canada Personal Information Protection and Electronic Documents Act
(PIPEDA), Alberta’s Personal Information Protection Act, British Columbia’s Personal Information Protection
Act and Quebec’s Act respecting the protection of personal information in the private sector.
This Privacy Policy applies to all individuals whose personal information the Company collects, uses or
discloses in the course of doing business. It is our policy to only disclose your personal information as required
or authorized by law or as otherwise set out in this policy.
We reserve the right to change this policy from time to time as industry practice, the law, and our procedures in
this area may change from time to time.
By using our Services, you are accepting the practices described in this Privacy Policy.
PERSONAL INFORMATION
For the purposes of this Privacy Policy, “personal information” means information about an identifiable
individual. Where this Privacy Policy states that a list of items is including”, the lists so described are meant to
be examples and not exhaustive or exclusive.
This Privacy Policy applies to all personal information that is collected, used or disclosed by the Company. The
Company has designated a Privacy Officer to be accountable for the operation of this Privacy Policy. Individuals
may question or report any privacy concerns, breaches, violations or compliance issues to the Company's
Privacy Officer at the address indicated below.
If the policies and procedures outlined in this document do not address a specific situation, individuals are
advised to contact the Company's Privacy Officer for guidance or clarification.
PERSONAL INFORMATION WE COLLECT
The Company collects and uses only the personal information that we need for opening Watch Together App
Account for use of the Watch Together App and operating our business. Generally, the Company collects the
following personal information from individuals for the various purposes set out below:
User Name
Profile Picture
In order to register as a user of Watch Together, you will be asked to sign in using a social login (Facebook or
Google). Social Login information is processed by Facebook and Google Servers.
The Company collects, uses and discloses personal information for the following purposes:
To confirm your identity and personal information
To manage the Company's business and operations, including customer relationships and matters, and
To meet legal and regulatory requirements;
Inform individuals about the Company's products and services that we believe may be of interest to them.
Better understand an individual’s interests in our products and services.
Deliver, develop, enhance or improve products and services.
Meet regulatory requirements
Conduct market research
To enforce our legal relationship with you
Communicate with you to respond to your comments and questions, provide customer support, send technical
notes, service messages, security alerts, promotional messages, and other messages for various purposes.
We normally collect information directly from you. We may collect your information from other persons with
your consent or as authorized by law. Before or at the time of collecting personal information, we identify the
purposes for which we are collecting the information. We do not provide this notification when personal
information is volunteered for an obvious purpose. If we wish to use or disclose your information for a new
purpose not included in this policy, we will notify you and seek your consent.
We also receive and send data from our servers and from your browser when you use our application, or visit our
website,
including your IP address, the time and information about the page you requested and the website
through which you were linked to our site, if any. We may use technologies in a variety of ways, including the
following: keeping count of return visits to our application or site; accumulating and reporting anonymous,
aggregate (data collected in mass), statistical information on application or website usage; and determining
which features users like best.
Finally, your Internet browser has a feature called "cookies," which stores small amounts of data on your
computer about your visit to our site. Cookies tell us nothing about who you are, however, unless you
specifically give us personal information. You do not need to have cookies turned on to visit our website. You
may also elect not to allow cookies to be collected by selecting certain options on your browser.
CONSENT
Ordinarily we ask for consent to collect, use or disclose personal information, except in specific circumstances
where collection, use or disclosure without consent is authorized or required by law. We may assume your
consent in cases where you volunteer information for an obvious purpose.
You may withdraw consent to the use and disclosure of personal information at any time, unless the personal
information is necessary for us to fulfil our reasonable business or legal obligations. We will respect your
decision, but we may not be able to provide you with certain products and services if we do not have the
necessary personal information.
COLLECTION OF PERSONAL INFORMATION
The purpose for collecting personal information is set out in this policy. Any necessary consent shall be obtained
before personal information is collected, used or disclosed.
We ask for your express consent for some purposes and may not be able to provide certain services if you are
unwilling to provide consent to the collection, use or disclosure of certain personal information. Where express
consent is needed, we will normally ask clients to provide their consent orally (in person, by telephone), in
writing (by signing a consent form), or electronically (by clicking a button).
We ask for your express consent for some purposes and may not be able to provide certain services if you are
unwilling to provide consent to the collection, use or disclosure of certain personal information. Where express
consent is needed, we will normally ask clients to provide their consent electronically by clicking a button. We
may rely on “opt-out” consent for certain types of information.
Personal information collected by the Company or on behalf of the Company will be sent to the Company’s head
office located in Calgary, Alberta and will be subject to the laws of Canada.
Please note that we may use cloud-based services to store information
.
. Where personal information is stored or
processed outside of Canada, it is subject to the laws of that foreign jurisdiction, and may be accessible to that
jurisdiction’s governments, courts or law enforcement or regulatory agencies.
SHARING OF PERSONAL INFORMATION
The Company will NOT sell, rent or trade your personal information to any third party. Your information may
be made available by the Company to third-parties or service providers only to fulfill the purposes for which it
has been collected or as set forth in this Privacy Policy. As stated above, we will NOT sell, rent or trade your
personal information to any third party. However, we may share your personal information when authorized by
law or as follows:
Other Watch Together Users. As a registered user of Watch Together, your name and profile picture will be
viewable by other users of the Services.
Third party or affiliated service providers. We may hire service providers, which may be affiliates, to perform
services on our behalf. We provide them with a limited amount of information which is necessary in order for
them to provide the services required. They are prohibited from using the information for purposes other than to
facilitate and carry out the services they have been engaged to provide. These service providers are not permitted
to disclose this information to others. The Company will strive to protect personal information disclosed to third
parties by contractual agreements requiring that those third parties adhere to confidentiality and adequate
security procedures.
As permitted or required by law. From time to time, the Company may be compelled to disclose personal
information in response to a law, regulation, court order, subpoena, valid demand, search warrant, government
investigation or other legally valid request or enquiry. In these circumstances, the Company will protect the
interests of its customers by making reasonable efforts to ensure that orders or demands comply with the laws
under which they were issued, that it discloses only the personal information that is legally required and nothing
more, and that it does not comply with casual requests for personal information from government or law
enforcement authorities. We may also disclose information to our accountants, auditors, agents and lawyers in
connection with the enforcement or protection of our legal rights. We also reserve the right to report to law
enforcement agencies any activities that we, in good faith, believe to be unlawful or to law enforcement and
emergency services providers, in an emergency or where required or permitted by law. We may release certain
personal information when we have reasonable grounds to believe that such release is reasonably necessary to
protect the rights, property and safety of others and ourselves, in accordance with or as authorized by law.
Business transaction. We may disclose personal information to a third party in connection with a sale or
transfer of business or assets, an amalgamation, re-organization or financing of parts of our business. However,
in the event the transaction is completed, your personal information will remain protected by applicable privacy
laws. In the event the transaction is not completed, we will require the other party not to use or disclose your
personal information in any manner whatsoever and to completely delete such information.
OBTAINING ACCESS TO PERSONAL INFORMATION
Upon request received by the Company in writing, individuals shall be informed of the existence, use, and
disclosure of their personal information records and shall be given access to that information. Requests to access
personal information held by the Company should be directed to the Company's Privacy Officer.
Requests must be made in writing or by e-mail. Individuals may be required to verify their identity in order to
access their personal information. Any such documentation provided shall be used for verification purposes only.
A fee for reasonable costs incurred may be charged when responding to more complex requests, if authorized by
law. The individual will be informed of the applicable fee.
Requested information will be provided in a form that is generally understandable.
The Company will be as specific as possible when describing third parties to whom it has disclosed personal
information about an individual.
Individuals are permitted either to view the original record, or to request a copy, subject to limitations as
permitted or required by law. To preserve the integrity of the record and ensure that documents are not removed
from the Company, individuals wishing to view an original record will do so at the Company's head office and
under the supervision of designated Company personnel.
LIMITATION TO ACCESS
The Company will only refuse access to information about you in those circumstances permitted or required by
applicable privacy legislation.
In the event that the Company refuses to provide access to information, it will provide you with the reasons for
its refusal upon request. Exceptions may include information that contains references to or opinions of other
individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, or
information that is subject to solicitor-client or litigation privilege. The Company will respond to your requests
for access in accordance with applicable privacy legislation.
MAINTENANCE OF PERSONAL INFORMATION
Personal information shall be kept as accurate, complete, and up-to-date as necessary for the purposes for which
it is to be used.
Individuals have the right to challenge the accuracy and completeness of the personal information that is
maintained by the Company and have it amended as appropriate.
Individuals seeking a correction or amendment to their personal information should direct their requests in
writing to the Company's Privacy Officer.
All formal requests to amend personal information must be accompanied by appropriate supporting
documentation. The Company’s Privacy Officer will manage any exceptions. The amended information will be
transmitted to third parties, as appropriate.
If the individual is not satisfied with the results of the request, the Company shall internally document the issue,
and provide a response. The existence of the unresolved challenge will be transmitted to third parties, as
appropriate.
SECURITY OF PERSONAL INFORMATION
Personal information will be retained only as long as necessary and as required by applicable legislation and
securities regulations and will be disposed of in a manner that is appropriate to the sensitivity of the information.
We render client personal information non-identifying, or destroy records containing personal information once
the information is no longer needed. We use appropriate security measures when destroying client personal
information, including shredding paper records and permanently deleting electronic records.
Personal information will be protected by security safeguards, appropriate to the sensitivity of the personal
information. However, no system is completely secure therefore you are advised to take steps to protect your
information such as making strong passwords and using up-to-date antivirus software.
We will notify the Office of the Information and Privacy Commissioner of Alberta, and any other Privacy
Commissioners as required, without delay, of a security breach affecting personal information if it creates a real
risk of significant harm to individuals or as required under applicable laws.
DELETION OF YOUR ACCOUNT or DATA
Users can delete their account or data by tapping on 'Delete Account' under the Settings page of our application.
Or you may send an email to our privacy officer requesting deletion of your data.
CHALLENGING COMPLIANCE
Inquiries or complaints concerning compliance with this Privacy Policy should be addressed, in writing, to the
Company's Privacy Officer.
CHANGES TO THIS PRIVACY POLICY
We will occasionally update this Privacy Policy, and post 'Last Revised Date' at the top of this Privacy Policy.
We recommend that you review our Privacy Policy from time to time to inform yourself of any changes to this
Privacy Policy or any of our other policies or agreements. By continuing to use our Services, you will be deemd
to have agreed to any such modification or amendment.
QUESTIONS AND COMPLAINTS
If you have a question or concern about any collection, use or disclosure of personal information by the
Company, or would like to request access to your own personal information or deletion of your data, please
contact our Privacy Officer at our company email contact@explorii.com.