Welcome to the Influitive VIP Advocate Community. When you use the Community (defined below), you’re agreeing to these terms and conditions of use, which is a contract between You, the customer (“You”) and Us, Influitive Corporation (“We”, “Influitive”) with office address is at 111 Peter Street, 4th Floor, Toronto, Ontario, M5V 2G9.
1.1. The Influitive VIP Advocate Community (the “Community”) is a web-based platform that enables you and other Influitive VIP advocates to receive invitations from us to participate in various challenges related to promoting Influitive VIP, such as but not limited to sharing items of importance to us on social media, speaking at one of our conferences, or talking about us to others (each a “Challenge”).
1.2. You agree that by providing us with your information and clicking “Accept”, you are entering into a legally binding agreement with us in your capacity as an authorized representative of Influitive VIP.
2.1. Your participation in the Community is completely voluntary. You may cancel your account at any time. Participation in a Challenge is also voluntary. You are free to refuse to participate in any Challenge.
2.2. The Community may allow you to interact with us and other advocates by posting your own content to the Community. “Content” means anything you post to the Community, including opinions, expressions, points of view, articles, videos, messages, photos, advice or any other information.
2.3. As between you and us, you own the Content that you post to the Community. However, by posting Content, you give us the right to use this Content, subject to certain limitations that we set out below. In legal language, this means that if you post Content, you give us a non-exclusive, royalty-free, perpetual, transferable and sublicensable license to use, copy, modify, distribute, publish and process your Content, without any further consent, notice, or compensation to you or any other third party.
2.4. Our rights to the Content are limited in the following ways:
2.5. If you participate in any Challenges, we may award you points based on your successful completion of the Challenge. We will automatically track your points for you. We will also display a leaderboard within the Community that sets out the number of points each Advocate has. This leaderboard is viewable by all other advocates of the Community. Please note that you can remove yourself from the leaderboard at any point in time, in your sole discretion.
2.6. We appreciate your thoughts about the Community. By submitting suggestions or other feedback about the Community to us, you agree that we can use and share (but do not have to use or share) such feedback for any purpose without compensation to you.
The Community Rules
3.1. We have certain rules that we require all of the advocates of our Community to follow. These rules help to ensure that the Community functions properly and benefits all participants, including us.
3.2. You agree that you will:
3.3. You agree that you will not:
Messages, the service, and limitations
4.1. The Community may allow the sharing of Content and communication with other advocates. Other advocates or the public may see Content that you post, depending on the settings we offer and your choice of how to manage such settings.
4.2. We do not have to publish your Content, nor do we have to allow you to post Content. We reserve the right to remove any Content at any time for any reason, within our sole discretion.
4.3. We may change, suspend, or end any part or all of the Community at any time for any reason, in our sole discretion. To the extent permissible under applicable law, these changes are effective upon notice to you. Following such a change, if you do not want to continue to use the Community, please close your account immediately.
4.4. Depending on the functionality of the Community as it may exist from time to time, we may allow messaging amongst users of the Community. Any such messages must be sent in accordance with this Agreement and our usage guidelines.
4.6. Since we do not review Content before it is published, you may see Content that is inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Although we do our best to encourage advocates to follow the Community rules, you agree that we are not responsible for Content posted by anybody but us, or for any damages as a result of your use or reliance on such Content.
4.7. By joining the Community, you give us consent to email you about the Community, related services from us, and/or related services from third parties. If we send you a marketing email, you will always have the opportunity to opt-out of future marketing emails in the footer of every email we send you.
Disclaimer of Warranties; Exclusions and Limits of Liability
Please read this entire section 5, as it excludes and limits our liability to you in certain ways
5.1. We do not exclude or limit any liability that cannot be excluded or limited under applicable law. If you live in a country where any of the exclusions and/or limitations set out in this section 5 are not allowed, such exclusions and/or limitations do not apply to you.
5.2. Subject to section 5.1, we:
5.3. Subject to sections 5.1 and 5.2, we exclude all liability, whether in tort (including for negligence), breach of statutory duty, contract, misrepresentation, restitution or otherwise, direct or indirect, whether foreseeable, known, foreseen or otherwise, for any: (a) lost profits (of any kind); (b) loss or corruption of data; (c) loss of reputation or goodwill; or (d) for any special, indirect or consequential loss, costs, damages, charges or expenses, however arising.
5.4. Subject to sections 5.1, 5.2 and 5.3, our total liability, however arising, will under no circumstances exceed in aggregate, the greater of $1,000.
5.5. If anyone brings a claim against us related to your actions or any Content you post to the Community, you will indemnify us from all damages, losses, and expenses of any kind (including reasonable legal fees and costs) that we suffer arising out of claim.
Suspension and termination
6.1. We may suspend your access to your account if you violate any material obligation of this Agreement.
6.2. Both you and us may terminate this Agreement at any time for any reason, with notice to the other party. On termination, you lose the right to access or use the Community.
6.3. The sections of this Agreement that need to survive termination in order to give full effect to their provisions, survive the termination of this Agreement.
Complaints about content
7.1. We respect the intellectual property rights of others. It is our aim that the Community contains no content that violates any third party rights. We try to accomplish this via this User Agreement. In addition, we also set out the policies and procedures in this Section 8 for individuals to identify potentially problematic or infringing Content.
7.2. When you submit a complaint to us, whether or not we take action, we may make a good faith effort to notify the individual who posted or submitted the Content, including by providing the complainant’s contact information, so that the individual who posted the Content is notified of the alleged violation of intellectual property rights or other content violation.
7.3. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Claims regarding copyright infringement / Notice of copyright infringement
7.4. Pursuant to the Digital Millennium Copyright Act (“DMCA”), we have implemented procedures for receiving written notification of claimed infringements. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit a written communication to us at email@example.com or our address set out above, setting out the following:
7.5. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice, in accordance with the DMCA. You may submit your counter-notice to firstname.lastname@example.org or to our office address set out above, setting out the following:
8.1. The only way you can provide us legal notice is to the address we have provided at the beginning of this User Agreement.
8.2. The following rules of interpretation apply to this Agreement: (a) the words “include” and “including” are deemed to have the words “without limitation” following them; (b) references to the singular include the plural and vice versa; and (c) references to “will” are to be construed as having the same meaning as “shall”.
8.3. If any term of this Agreement is found invalid, illegal or unenforceable, the rest of the Agreement remains in effect.
8.4. If we do not enforce a term of the Agreement, it is not a waiver of that term or any other term.
8.5. This Agreement makes up the entire agreement between you and us, and supersedes any prior agreements.
8.6. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
8.7. If you are a resident of the United States, this Agreement shall be construed in accordance with and governed by the laws of the state of New York and subject to the exclusive jurisdiction of the state of New York. If you are not a resident of the United States this Agreement shall be construed in accordance with and governed by the laws of the province of Ontario, Canada and subject to the exclusive jurisdiction of the province of Ontario.