Terms of Service and Privacy Policy
Last Updated: November 14, 2019

Welcome to the application  (“App”), operated by Iara Digital.

At Iara Digital, we offer services and content through our applications. We provide services to you subject to the following notices, terms and conditions (the “Terms”).

Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between Iara Digital (“we” and/or “we”, etc.) and you (“you”).

You can only use the  application operated by Iara Digital if you first accept these terms.

Furthermore, when you use any current or future Iara Digital service or visit or purchase from any company affiliated with Iara Digital, whether or not included in the Application, you will also be subject to the guidelines and conditions applicable to such service or business. If these terms are inconsistent with the terms of Iara Digital, such terms will prevail.

If you create an account on the Application, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify Iara Digital of any unauthorized use of your data, your account or any other breach of security. You may not use another user's account, username or password at any time or disclose your password to any third party or allow others to access your account;

PRIVACY POLICY INCORPORATED HEREIN

Iara Digital values ​​your privacy and will respect its Privacy Policy to ensure that your experience is pleasant. Please read our Privacy Policy, which is incorporated into the Terms of this document. We reserve the right to contact you regarding your compliance or compliance and Iara Digital's performance with these Terms (including, without limitation, the license rights granted herein) or any Content or activities related to the Application. You acknowledge that Iara Digital may preserve the Content and also disclose the Content if required by law or in the good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to complaints that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Iara Digital, App users and the public.

WHAT THIS PRIVACY POLICY COVERS

This policy covers how Iara Digital treats personal information collected or received through the services we provide. Personal information is information about you that is personally identifiable, such as your name, address, email address or telephone number, and any information that is not publicly available. This policy does not apply to the practices of companies we do not own or control, or to people we do not employ or manage. Companies such as our Internet access, website and email hosting company, Facebook and others have their own privacy statements, which you can view on their respective websites.

INFORMATION COLLECTION AND USE

Iara Digital collects personal information when you hire us to use or purchase our services. When you contract us for a specific service, we ask that you provide us with your name, email address and telephone number.

The Iara Digital App may, from time to time, collect application usage information, such as the number of sessions, certain responses and the duration of the session, in order to improve your experience. This information is stored in our server logs. Information from server logs is used anonymously and is not linked to any individual user and does not contain personal identifiers accessible to us, the developer. Iara Digital uses the information collected for the following general purposes: providing updates on products and services, fulfilling your requests for products and services, improving products and services, contacting you, conducting research and optimizing and improving the Application.

CONTENT PROPERTY

You acknowledge and agree that: (i) Iara Digital owns all rights, title and interest in and to all Content posted, generated or contributed (“the Content”) to the Application by You or other users; and (ii) nothing in this Agreement grants You any ownership rights in the Content or any license to any Content other than the Rights expressly granted in this Agreement.

EMAILS

We may occasionally send you emails. This is required for certain uses of the Application. We may also send you information about your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of receiving promotional emails at any time.

SHARING AND DISSEMINATION OF INFORMATION

Iara Digital does not rent, sell or share personal information about you with other people or companies, except in the following circumstances:

- We provide shipping information to our shippers so they can deliver the products to you. - We respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against lawsuits. - We share information with law enforcement agencies in order to investigate, prevent or take action in relation to illegal activities, suspected fraud, suspected copyright infringement, situations involving potential threats to anyone's physical security, or as required by law.
CONFIDENTIALITY AND SECURITY

We limit access to your personal information to only those who we believe need to contact that information in order to provide our products or services to you. We have physical, electronic and procedural safeguards to protect your personal information.

CHANGES TO THIS PRIVACY POLICY

This policy will be changed from time to time to adapt to the changing needs of society and the law. We will notify you of significant changes in the way we handle personal information by changing this Privacy Policy linked in the app.

ORDERING SERVICES; CONDUCT OF SERVICES

If you choose to order a product or service through the Application, we will endeavor to provide that service or product to the best of our ability. However, we make no guarantees regarding your satisfaction with any service or product in general. You will receive access to read content created by third parties, access to which may be revoked at our discretion. Prices for services, where applicable, will be listed on the app and may change from time to time.

HAPPY

Content may be removed from the app without notice to ensure quality standards are maintained.

CUSTOMER SUPPORT

You can contact Iara's Digital Customer Service by sending an email to the contact provided in the distribution application store. You acknowledge that the provision of customer support is at the sole discretion of Iara Digital and that Iara Digital has no obligation to provide customer support of any kind. We may provide customer support from time to time, in our sole discretion, and providing any level of support is not a guarantee of future support.

NOTICE ABOUT NAMES AND TRADEMARKS

You may not use the name “Iara Digital” or any other names or trademarks in the app or any content in the app. All rights are reserved.

NOTICE ON COPYRIGHT OWNERSHIP: Iara Digital

All rights reserved. All content on the Application is subject to intellectual property rights, contractual rights or other protections. Intellectual property rights are owned by Iara Digital or its licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way, except as expressly provided for in the Terms or with the prior and express written consent of Iara Digital. Modification or use of the materials for any other purpose may violate intellectual property rights. Iara Digital maintains exclusive copyrights worldwide on all content created by its users.

MINIMUM AGE REQUIREMENT

The application must be used by persons who are at least 18 years of age or the legal age required to enter into a binding contract in your jurisdiction if that age is over 18 years of age. By using the app, you represent and warrant that you are at least 18 years of age and of legal age to enter into a binding contract. If you are under 18, you may only use the app with the permission and involvement of a parent or guardian.

NEGOTIATIONS WITH MERCHANTS; LINKS

The app may contain advertisements, offers or other links to other third-party apps and resources that are not controlled by Iara Digital. This information, as well as the advertisements, may or may not be or remain completely correct. You acknowledge and agree that Iara Digital is not responsible for (i) the availability or accuracy of such websites or resources; or (ii) the content, advertising or products or services on or available on such sites or resources. The inclusion of any link in the Application does not mean that the linked site is endorsed by Iara Digital. You use the links at your own risk and expense. Iara Digital's Terms and Privacy Policy are applicable only when you are in its Application.

Your correspondence or business dealings with, or participation in promotions by, third-party merchants or advertisers that are found on or through the App or that provide links in the App, including payment for and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Iara Digital and agree to hold Iara Digital harmless from any loss or damage of any kind incurred as a result of such dealings or as a result of the presence of such merchants or advertisers on the Application.

ELECTRONIC COMMUNICATIONS

You agree to electronic communication for all of your transactions and communication with Iara Digital and the App. You agree that all posts, notices, disclosures or other communications we provide to you electronically meet any legal requirements that such communications be by written.

NOTICES AND CONTACT INFORMATION; COPYRIGHT CLAIMS

Unless otherwise provided in these Terms, Iara Digital will provide you with any notices by posting them on the App, and you agree that such posting will constitute an effective notice.

You authorize Iara Digital to send notices (including, without limitation, notifications of subpoenas or other legal proceedings, if any) via email if Iara Digital decides, in its sole discretion, to do so. You agree to keep your address up to date and that notice provided by Iara Digital to the address you most recently provided will constitute effective notice. The address of Iara Digital for Legal Notices is:

Kleiman Law Jonathan Kleiman 1235 Bay Street, Suite 700 Toronto, Ontario, M5R 3K4

Iara Digital respects the intellectual property of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Iara Digital with written notice.

MODIFICATIONS TO THE TERMS AND PRIVACY POLICY

You agree that, from time to time, we may, in our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. These modifications will take effect immediately upon posting the modified Terms on the Application. Your continued use of the App following the posting of changes to these Terms will mean that you accept those changes. From time to time, we reserve the right to modify or discontinue temporarily or permanently and restrict or block access to the Application (or any part thereof) without prior notice.

PROHIBITED CONDUCT

You agree not to do or attempt to do any of the following, subject to applicable law: (a) change information or obtained on the Application, unless through tools provided on the Application by us; (b) tamper with other users' posts, registration information, profiles, submissions or Content; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the App or extract data or collect or use information, such as email addresses, available in the App or transmit any unsolicited advertising, "junk mail, "" spam "or" chains"; (d) frame any part of the Application or link to the Application or otherwise make it appear that you have a relationship with us or that we endorse you or your Content for any purpose, except as expressly permitted in writing by Iara Digital; (e) impersonate or misrepresent your affiliation with any person or entity; (f) circumvent or circumvent measures employed to prevent or limit access to any area, content or code on the Application (except as expressly permitted by law); (g) take any action that may impose a significant load (as determined by us) on the infrastructure or performance of the Application, or submit to us or the Application (or any other person) or otherwise cause harmful, illegal, deceptive impact. or disruptive code such as viruses, "spyware", "adware" or other code that may adversely affect the Application or any recipient; (h) intentionally entering incorrect information; (i) post content created by anyone other than you.

Also, prohibited content includes anything that:

is clearly offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
harass or defends the harassment of another person;
exploits people sexually or violently;
contains any sexually suggestive content, excessive violence or offensive subject matter;
requests personal information from anyone under the age of 18;
publicly publishes information that poses or creates a privacy or security risk for anyone;
includes information about another person that you have posted without that person's consent;
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
solicit passwords or personally identifiable information for commercial or illegal purposes from other users;
involves the transmission of "junk mail", "chain letters" or unsolicited mass mail, instant messaging or "spamming";
promotes or promotes any criminal activity or enterprise or provides instructional information about illegal activities, including but not limited to making or purchasing illegal weapons, violating someone's privacy, or providing or creating computer viruses;
involves commercial activities and/or sales without the prior written consent of Iara Digital, such as contests, sweepstakes, bartering, advertising or pyramid schemes;
impersonate or attempt to impersonate another user, person or entity.
SITE CONTENT PROTECTION

Our app is protected by Canadian, American and international intellectual property laws, which you agree to abide by. All application content, including, but not limited to, text, logos, icons, images, graphics, audio clips, compilations and downloads, as well as the collection, organization and assembly of such content, is the exclusive property of Iara Digital or its content providers. All software used in the Application is owned by Iara Digital or its software providers.

TERMINATION OR CANCELLATION

You agree that we may, at any time and in our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Application and/or your Account, or suspend or block your access to the Application. You will still be responsible for any violations of these Terms and/or obligations incurred prior to the end of the Terms. If you use the Application after the termination of these Terms, such use will constitute your agreement to the Terms then posted on the Application. Iara Digital may continue to use electronic or printed materials that it has created, or has developed specific plans to create, that contain such Content in accordance with the terms contained above regarding the removal or modification of Content previously posted on the Application.

Provisions entitled "Copyright Ownership Notice" "Indemnity", "Disclaimer of Warranties", "Exclusion of Damages; Limitation of Liability", "Additional Terms" and the Privacy Policy will survive termination of these Terms.

INDEMNITY

As a condition of your access to and use of the Application, you agree to hold Iara Digital and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys and suppliers, and each of their respective successors and assigns, exempt from, and indemnify them for all damages, costs, expenses and other liabilities, including but not limited to attorney's fees and expenses, in connection with any claim arising out of or relating to: (i) your access to and use of the Application and the content on it; (ii) your violation of these Terms (including the terms incorporated in them, for example, the Privacy Policy) and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Application; (iv) Iara Digital's resolution (if any) of any dispute you have or claim to have with one or more users of the Application; (v) your inadequate authorization for Iara Digital to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent for Iara Digital to disclose your personal information and other information collected as set out in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Iara Digital shall have the right, but not the obligation, to resolve disputes between users relating to the Application and Iara Digital's resolution of a specific dispute does not create an obligation to resolve any another dispute; and (b) the resolution of a dispute by Iara Digital will be final with respect to the Application.

PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Iara Digital with the following information:

an. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;

B. A description of the copyrighted work that you claim has been infringed;

ç. A description of where the material you claim is infringing is located on the website;

d. Your address, telephone number, and email address;

and. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Iara Digital's Copyright Agent for notification of claims of copyright infringement on its website can be contacted as follows:

Law Kleiman
Jonathan Kleiman
1235 Bay Street, Suite 700 Toronto, Ontario, M5R 3K4

DISCLAIMER OF WARRANTIES

THE APP MAY CONTAIN ADVICE, OPINIONS, INFORMATION, INSTRUCTIONS AND STATEMENTS FROM IARA DIGITAL, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT MUST BE USED FOR ENTERTAINMENT PURPOSES ONLY. YOU USE THE APP AND CONTENT AT YOUR OWN RISK. The Application IS PROVIDED BY IARA DIGITAL ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, IARA DIGITAL MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE INFORMATION OR CONTENT INCLUDED IN THE APP. IARA DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE OR TIMELY. TO THE FULLEST EXTENT PERMITTED BY LAW, IARA DIGITALLY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS,

WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ARISING OUT OF A COURSE OF DEALING, COMMERCE, USE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO DIGITAL IARA, NOR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF ITS RESPECTIVE SUCCESSORS, ASSOCIATES, ASSESSORS . ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES EVEN IN THE EVENT OF FAILURE, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY OR LIABILITY FOR THE PRODUCT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT IS THE ENTIRE LIABILITY TO YOU OF Iara Digital AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS AND EACH OF THEIR RESPECTIVE, SUCCESSORS, RESPECTIVE PORTUGUESE .

ADDITIONAL TERMS

an. Separation. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will have effect to the fullest extent possible and the remainder will remain in full force and effect, provided that the attribution of risks described herein is given effect as far as possible.

B. No attribution. These Terms (including the terms incorporated in them, for example, the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Iara Digital. Any attempt to assign, transfer or delegate these Terms without the express written permission of Iara Digital will be null and void. Iara Digital will have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.

ç. Disputes; Choice of law; Export Limitations. The app is controlled by us from our offices in Canada, and some aspects and part of the app are hosted on third party servers in Canada and the United States of America. If you choose to access this app from locations outside of Canada, you do so at your own risk and responsibility and are responsible for compliance with applicable local laws. You may not use or export anything from the Application in violation of Canadian or US import and/or export laws and regulations or the Terms. By visiting the Application, you agree that these Terms and all performance and claims of any kind (including, without limitation, contract, tort and strict liability) relating in any way to any aspect of the Application, will be resolved by arbitration. Any dispute or claim related in any way to your visit to the App or to products or services sold or distributed by Iara Digital or through the App will be resolved by binding arbitration rather than in court, except that we and you can make claims in court small claims if the claims qualify.

Each of us agrees that any dispute resolution process will only be conducted on an individual basis and not in a collective, consolidated or representative action. If, for any reason, a claim is processed in court rather than arbitration, each of us will waive any right to a jury trial. We also agree that you or we may file a lawsuit in court to prohibit infringement or other misuse of intellectual property rights.

d. Limitations on actions. Any action relating to any dispute you may have with respect to the App must be commenced within one year of the cause of dispute arising, or the cause of action will be barred.

and. Paragraph headings. Paragraph headings in these Terms are included to help make these Terms easier to read and are not binding.

f. Total agreement. These Terms (including the terms incorporated therein, for example, the Privacy Policy) encompass the entire agreement (the "Entire Agreement") between you and Iara Digital with respect to the use of the Application and supersede all prior and contemporaneous agreements between the parties with respect to the subject matter herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

g. No waiver. The failure of Iara Digital to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or right of Iara Digital to act in relation to subsequent or similar violations. We suggest that you print a copy of these Terms for your registration.

 

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Terms of Service and Privacy Policy
Last Updated: November 14, 2019

Welcome to the application (“App”), operated by Iara Digital.

At Iara Digital, we offer services and content through our applications. We provide services to you subject to the following notices, terms, and conditions (the “Terms”).

Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between Iara Digital ("we" and/or "us", etc.) and you ("you").

You may only use the App operated by Iara Digital if you first accept these terms.

In addition, when you use any current or future Iara Digital service or visit or purchase from any business affiliated with Iara Digital, whether or not included in the App, you will also be subject to the guidelines and conditions applicable to such a service or business. If these terms are inconsistent with Iara Digital's terms, such terms will prevail.

If you create an account on the App, you are responsible for maintaining the security of your account and data, and you are fully responsible for any activities that occur under the account. You must immediately notify Iara Digital of any unauthorized uses of your data, your account or any other breaches of security. You may not use the account, username, or password of another user at any time or disclosing your password to any third party or allowing any third party to access your account;

PRIVACY POLICY INCORPORATED HEREIN

Iara Digital values ​​your privacy and will adhere to its Privacy Policy in order to ensure that your experience is a pleasant one. Please read our Privacy Policy, which is incorporated into the herein. We reserve the right to contact you in connection with your compliance or Iara Digital's compliance with and performance of these Terms (including no limitation license rights granted hereunder) or any Content or activities relating to the App. You acknowledge that Iara Digital may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) responds to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Iara Digital, App users, and the public.

WHAT THIS PRIVACY POLICY COVERS

This policy covers how Iara Digital treats personal information that is collected or received through the services we provide. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and any information that is not otherwise publicly available. This policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage. Companies such as our Internet access, website and email hosting company, Facebook, and others have their own privacy statements which can be viewed on their respective websites.

INFORMATION COLLECTION AND USE

Iara Digital collects personal information when you contract with us to use or purchase our services. When you contract with us for a particular service, we will ask you to provide us with your name, email address, and phone number.

The Iara Digital App may from time to time collect App usage information such as the number of sessions, certain responses, and session duration, for the purpose of enhancing your experience. This information is stored on our server logs. The information from the server logs is used anonymously and is not linked to any individual user and contains no personal identifiers accessible to us the developer. Iara Digital uses the information that is collected for the following general purposes: to provide updates to you regarding products and services, to fulfill your requests for products and services, improve products and services, contact you, conduct research, and to optimize and improve the App.

OWNERSHIP OF CONTENT

You acknowledge and agree that: (i) Iara Digital owns all rights, title and interest in and to all Content posted, generated, or contributed (“the Content”) to the App by You or other users; and (ii) nothing in this Agreement will confer You any right of ownership in the Content or any license to any Content other than the Rights expressly granted in this Agreement.

EMAILS

We may occasionally send emails to you. This is required for certain uses of the App. We may also send information to you regarding your account activity and purchases as well as updates about our products and promotional offers. You may elect to opt-out of receiving promotional emails at any time.

INFORMATION SHARING AND DISCLOSURE

Iara Digital does not rent, sell or share personal information about you with other people or companies except under the following circumstances:

- We provide shipping information to our shippers so that they may deliver products to you. - We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. - We share information with law enforcement agencies in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, suspected copyright infringement, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
CONFIDENTIALITY AND SECURITY

We limit access to personal information about you to only those we believe reasonably need to come into contact with that information to provide our products or services to you. We have physical, electronic, and procedural safeguards to protect personal information about you.

CHANGES TO THIS PRIVACY POLICY

This policy will be changed from time to time to adapt to the changing needs of the society and the law. We will notify you about significant changes in the way we treat personal information by amending this Privacy Policy linked on the App.

ORDERING OF SERVICES; CONDUCT OF SERVICES

If you choose to order a product or service through the App, we will make best efforts to provide that service or product to the best of our ability. However, we make no warranty with regards to your satisfaction with any service or product in general. You will receive access to reading content created by others, which access can be revoked at our discretion. Prices for services where applicable will be listed on the App and may change from time to time.

CONTENT

Content may be removed from the App without prior notice to ensure quality standards are maintained.

CUSTOMER SUPPORT

You may contact Iara Digital Customer Services by sending an email to the provided contact on the distribution app store. You acknowledge that the provision of customer support is at Iara Digital’s sole discretion, and that Iara Digital shall have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.

NOTICE RE NAMES AND TRADEMARKS

You may not use the name “Iara Digital” or any other names or Trademarks listed on the App or in any App content. All rights are reserved.

NOTICE RE COPYRIGHT OWNERSHIP: Iara Digital

All rights reserved. All content on the App is subject to intellectual property rights, contractual rights or other protections. The intellectual property rights are owned by Iara Digital or its licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of Iara Digital. Modification or use of the materials for any other purpose may violate intellectual property rights. Iara Digital maintains the worldwide, exclusive copyright on all content created by its users.

MINIMUM AGE REQUIREMENT

The App is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the App, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the App only with the permission and involvement of a parent or guardian.

DEALINGS WITH MERCHANTS; LINKS

The App may contain advertisements, offers, or other links to other Apps and resources of third parties that are not controlled by Iara Digital. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Iara Digital is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the App does not imply that the linked site is endorsed by Iara Digital. You use the links at your own risk. Iara Digital’s Terms and Privacy Policy are applicable only when you are on its App.

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the App or which provide links on the App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Iara Digital and agree to hold Iara Digital harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the App.

ELECTRONIC COMMUNICATIONS

You agree to electronic communication for all of your transactions and communication with Iara Digital and the App. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS

Except as otherwise provided in these Terms, Iara Digital will give you any notices by posting them on the App, and you agree that such posting will constitute effective notice.

You authorize Iara Digital to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Iara Digital decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by Iara Digital to the address that you have most recently provided will constitute effective notice. Iara Digital’s address for Legal Notices is:

Kleiman Law Jonathan Kleiman 1235 Bay Street, Suite 700 Toronto, Ontario, M5R 3K4

Iara Digital respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Iara Digital with written notice.

MODIFICATIONS TO TERMS AND PRIVACY POLICY

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the App. Your continued use of the App following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the App (or any part thereof) without notice.

PROHIBITED CONDUCT

You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the App unless through tools provided on the App by us; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the App or extract data or gather or use information, such as email addresses, available from the App or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of the App, or link to the App, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Iara Digital; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the App (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the App’s infrastructure or performance, or send to or otherwise impact us or the App (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the App or any recipient; (h) willfully enter incorrect information; (i) post content created by anybody other than yourself.

Furthermore, prohibited content includes anything that:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains anything sexually suggestive, excessive violence, or offensive subject matter;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;
includes information about another person that you have posted without that person's consent;
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
involves commercial activities and/or sales without prior written consent from Iara Digital such as contests, sweepstakes, barter, advertising, or pyramid schemes;
impersonates or attempts to impersonate another user, person or entity.
PROTECTION OF SITE CONTENT

Our App is protected by Canadian, U.S. and international intellectual property laws, which you agree to respect. All content on the App, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of Iara Digital or its content suppliers. All software used on the App is the property of Iara Digital or its software suppliers.

TERMINATION OR CANCELLATION

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the App, and/or your Account, or suspend or block your access to the App. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the App after termination of these Terms, that use will constitute your agreement to the Terms then posted on the App. Iara Digital may continue to use electronic or printed materials it has created, or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the App.

The provisions entitled “Notice Re Copyright Ownership " "Indemnification," "Disclaimer of Warranties," “Exclusion Of Damages; Limitation Of Liability,” "Additional Terms" and the Privacy Policy will survive termination of these Terms.

INDEMNIFICATION

As a condition of your access to and use of the App, you agree to hold Iara Digital, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the App and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the App; (iv) Iara Digital’s resolution (if any) of any dispute you have or claim to have with one or more users of the App; (v) your improper authorization for Iara Digital to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Iara Digital disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Iara Digital will have the right but not the obligation to resolve disputes between users relating to the App and Iara Digital’s resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b)Iara Digital’s resolution of a dispute will be final with respect to the App.

PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Iara Digital with the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed upon;

c. A description of where the material that you claim is infringing is located on the site;

d. Your address, telephone number, and e-mail address;

e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Iara Digital’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Kleiman Law
Jonathan Kleiman
1235 Bay Street, Suite 700 Toronto, Ontario, M5R 3K4

DISCLAIMER OF WARRANTIES

THE APP MAY CONTAIN ADVICE, OPINIONS, INFORMATION, INSTRUCTIONS AND STATEMENTS FROM IARA DIGITAL, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR ENTERTAINMENT PURPOSES ONLY. YOU USE THE APP AND CONTENT AT YOUR OWN RISK. THE App IS PROVIDED BY IARA DIGITAL ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IARA DIGITAL MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE INFORMATION OR CONTENT INCLUDED ON THE APP. IARA DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE App WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IARA DIGITAL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS,

WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER IARA DIGITAL, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF Iara Digital AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

ADDITIONAL TERMS

a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

b. No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Iara Digital. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Iara Digital will be null and void. Iara Digital shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.

c. Disputes; Choice of Law; Export Limitations. The App is controlled by us from our offices within Canada, and some aspects and portion of the App are hosted at third-party servers within Canada and the United States of America. If you choose to access this App from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the App in violation of Canadian or U.S. import and/or export laws and regulations or the Terms. By visiting the App, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the App will be resolved by arbitration. Any dispute or claim relating in any way to your visit to the App or to products or services sold or distributed by Iara Digital or through the App will be resolved by binding arbitration, rather than in court, except that we and you may assert claims in small claims court if the claims qualify.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

d. Limitations on Actions. Any action concerning any dispute you may have with respect to the App must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

e. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.

f. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) comprise the entire agreement (the "Entire Agreement") between you and Iara Digital with respect to the use of the App and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

g. No Waiver. The failure of Iara Digital to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Iara Digital right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.