Afeatherway Terms of Use
Date Revised: October 1, 2015
These Terms of Use (“Terms”,) apply to your access or use of any website, mobile application or other online, offline, or mobile product or service (collectively, the “Services”)of Afeatherway Innovations(“Afeatherway”, “we”, or “us”). By registering for an account, accessing,browsing, or using the Services in any other way, you agree to be bound by these Terms and all terms incorporated by reference. In these Terms, Afeatherway Service users or any person who uses orgains access to the Services are defined as “Members”.
Please read these Terms carefully before using our Services. By using our Services, you agree to be bound by these Terms and accept all legal consequence. If you do not agree with these Terms, in whole or in part,you may not use the Services.
Community Guidelines
1. Afeatherway is a community driven, sustainability oriented company. Please read our Community Guidelinesto better understand theintentions and goals of our Services along with important member conduct in relation to safety and courtesy with other Afeatherway Members. By using our Services you acknowledge that you have read and agree to be bound by our Community Guidelines.
Privacy
2. The privacy of our Members is very important to us. By using our Services you acknowledge that you have read and agree with our Privacy Policy, which forms a part of these Terms.
Content
3. Members may post, link, store, share or otherwise make available certain information, texts, graphics, videos or other materials (“Content”) on the Services. You agree that you are solely responsible for all Content that youpost on or through the Services, including its legality, reliability, and appropriateness or compliance with these Terms.
4. If you post Content on the Services, you represent and warrant that:
a) you own the content or have the right to use it, and that you grant us the rights and license as provided in these Terms;
b) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
5. We reserve the right to decline, edit, remove, delete, block, or otherwise make unavailable or modify, permanently or temporarily, any Content on our Services that we determine in our sole discretion to beprohibited Content (“Prohibited Content”), which shall include but is not limited to Content that:
a) is unlawful, or that would otherwise create liability or violate any local, state, national or international law;
b) contains nudity, sexually explicit content or is otherwise pornographic or sexually exploitative of minors;
c) may insult any ethnic, racial, sexual, religious, or age group by stereotypical representation or is otherwise abusive or provocative;
d) contains or depict the use, creation, distribution of, or desirability of illicit or regulated drugs, alcohol, or pharmaceuticals;
e) contains language or images that are objectionable, offensive, intolerable, or disagreeable;
f) provokes, characterizes, or depicts violence as acceptable, glamorous or desirable;
g) contains political mention, campaigning, advertising, or solicitations without our prior written consent;
h) contains any information about another person, unless you have written consent from such person regarding the disclosure of this information;
i) contains viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
j) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or
k) in our sole discretion does not align with the morals and ideologies of Afeatherway.
If you become aware of Prohibited Content on our Services, you may notify us by using the reporting tools provided in our Services.
6. By Posting Content to our Services, you hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and fully sublicensable license to use, reproduce, display, perform, adapt, modify, create derivative works from, distribute, have distributed and promote such Content in any form, in all media now known or hereinafter created to administer, operate, develop and otherwise provide the Afeatherway Services. You understand that if Content contains any form or nature of information about you, our Privacy Policy applies.
Communication with Afeatherway
7. Apart and aside from Content, Afeatherway accepts questions, comments, suggestions, and ideas (collectively, “Communications”) in regards to our Services. By submitting Communications to us, whether by email, phone, or otherwise, you agree that it is non-confidential. You accept that Afeatherway shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and distribution of Communications for any purpose, commercial or otherwise. You acknowledge that Afeatherway is not obligated to provide acknowledgment or compensation to you in exchange for Communications.
Eligibility and Registration
8. In order to use the Services, Members must create an Afeatherway user account (“Account”). In creating and maintaining your Account, you warrant and represent that:
a) you will provide accurate, truthful, current, and complete information;
b) you will not create or maintain an Account for anyone else except youor an entity you represent and that you warrant has authorized you to accept these Terms on such entity’s behalf, and you validate that such entity will be responsible for your violation of these Terms;
c) you will create only one personal Account;
d) if we disable your Account, you will not attempt to create another account without our consent;
e) you will not use the Services of Afeatherway if you are under the age of 18 years;
f) you will not use the Services of Afeatherway if you are a convicted sex offender;
g) you will use a password unique to our Services and will not disclose your password or Account details to anyone, let anyone else use your Account, or do anything that may jeopardize the security of your Account; and
h) you take responsibility for all activities that occur regarding your Account and accept all risks of any authorized or unauthorized access.
9. You may have the option to register to use the Services through an already existing social media profile (an “Existing Account”), and by doing so, you understand and agree that Afeatherway may receive certain information about you from your Existing Account. All information that Afeatherway receives via your Existing Account is and shall be Considered Content, and subject to these Terms.
10. Afeatherway reserves the right to grant, withhold, limit, delay, withdraw, decline, delete, terminate, and postpone any part or all of our Servicesor Content (as defined below), without any liability to you, at any time and for any reason or no reason whatsoever, in our sole discretion including but not limited to violation of the Terms.
11. By agreeing to the Terms and upon successful eligibility and registration of an Account, Afeatherway grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited right to use and access our Services in accordance with the Terms, including the right to create a text hyperlink to the Services, provided such link does not portray Afeatherway or any of the Services in a manner that violates the rules of Conduct stated herein and provided further that the linking site does not contain any content that would violate these Terms if posted directly on the Services of Afeatherway.
Restrictions
12. You agree not to license, sell, rent, lease, distribute, host, transfer, make derivative works of, reverse engineer, frame, or otherwise commercially exploit, whether in whole or in part, the Services or Content.
13. You agree not to use or provide software or services (unless directed by Afeatherway) that interact or interoperate with Afeatherway for downloading, uploading, Posting, flagging, emailing, searching, or mobile use. Robots, scripts, scrapers, or other automated systems are prohibited when using our Services.
Use of Services
14. Members may exchange, give, receive, and share (“Exchange”) goods or services in accordance with these Terms, the Community Guidelines, and any other rules or notices posted at various points in the Services.
15. All Exchanges shall be a non-commercial transaction between Members, and shall not be for cash, credit, or any other monetary constructs without the prior written consent of Afeatherway.
16. In using the Services or conducting an Exchange, Members shall not:
a) violate any applicable laws or regulations, or promote, directly or indirectly, any illegal activity;
b) infringe the rights of any other Member or third party, including but not limited to, intellectual property, privacy, publicity or contractual rights;
c) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
d) use the Services for the intended or unintended purpose ofdistributing spam (which we define as unsolicited bulk or individual e-mail or any other unsolicited messages, phone calls, fax,or any other methods of contact of a commercial, religious, romantic, political or other nature not within the intended purposes in our sole discretion of the Services);
e) stalk, intimidate, threaten, harass or otherwise cause discomfort to any other Member of our Services or anyone else while at or on route to a Meetup Location (as defined below);
f) retrieve, copy or otherwise obtainor use any information about any other Member other than as permitted on our Services;
g) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
h) circumvent or attempt to defeat any security or verification measure relating to use of the Services;
i) hold yourself out as an agent, representative, employee, affiliate or otherwise Released Party of Afeatherway, including but not limited to when you host an event for other Afeatherway members; or
j) assist any third party in doing any of the foregoing.
17. The Services act as an online venue for barter transactions. You acknowledge and agree that by providing you with the ability to view, create, and distribute Content on the Services, Afeatherway is acting solely as a passive conduit for Exchanges, and we are not undertaking any obligation or liability relating to any contents or activities on the Services. We do not guarantee that Members will obtain any benefit through the Services. Any reliance upon the Content shall be at your own risk. It is your responsibility to verify any Content on the Services or provided to you by the Services before relying or acting on it. We recommend that you investigate for yourself the reliability and accuracy of any Content on the Services.
18. We take no position and offer no opinion on when or if a contractual agreement or other relationship is formed between Members initiating or completing and Exchange. You acknowledge and agree that Afeatherway is not party to any Exchanges. You acknowledge and agree that we hold no responsibility or liability resulting directly or indirectly from the Exchange or use of the Services, including but not limited to damage or loss resulting directly or indirectly from declined, rejected or otherwise abandoned Exchange Proposals.
19. You accept complete and sole responsibility when interacting with other Members using the Services or when interacting with anyone or thing initiated or impelled by Afeatherway Services or its Members such as but not limited to when meeting up to complete any Exchange in person in the real, physical world.
20. Afeatherway reserves the right to, but has no obligation to, monitor the relation between any Members using the Services.Afeatherway does not investigate or verify any Member’s identity, reputation, conduct, morality, criminal background, driver’s licence or any other information or Content. You accept complete and sole responsibility for accessing the identity and suitability of Members you interact with through our Services. Afeatherway reserves the right to verify any Member’s identity or relevant information for any reason and any time including but not limited to any Member who no longer holds an account or no longer uses our Services.
21. If you have a dispute with one or more Member(s) or any other person or entity, to the completest extent permitted by applicable law you release Afeatherway, its subsidiaries, affiliates, agents, directors, managers, contractors, employees, suppliers, or licensors (“Released Party”) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Meetup Locations
22. The safety of our Members is of the utmost priority, and as such we strongly recommend arranging Exchanges at a safe, open and public location (“Meetup Location”). We may in our sole discretion from time to time, recommend Meetup Location (“Suggested Meetup Locations”). Suggested Meetup Locations are provided on an “as is” basis, and we make no representations or warranties regarding any Suggested Meetup Locations, including but not limited to the actuality, reputation, safety, convenience, or reliability of such Suggested Meetup Location. You take complete and sole responsibility for all interactions and experiences that take place when and on route to meeting up with Members of Afeatherway. You agree that Afeatherway holds no responsibility or liability with respect to anything that occurs to Members and non-Members at or on route to a Meetup Location whether it is a “Suggested Meetup Location” or not. By using the Meetup Location function in our Services, you accept Google’s Terms of Use.
Taxes
23. You understand that certain Exchanges may be subject to federal and/or provincial income or sales taxes. Members are solely responsible for paying applicable taxes under the Income Tax Act of Canada (or the applicable income tax laws and regulations in your jurisdiction) and are advised to consult a qualified tax professional to ensure appropriate tax treatment of taxable Exchanges as well as consult applicable tax laws for any barter related updates. Afeatherway shall not be responsible fornotifying Members of such taxes, collecting such taxes on behalf of Members, or remitting such taxes to appropriate authorities.
Third Party Content
24. The Services may contain links to third-party materials that are not owned, managed, or otherwise controlled by Afeatherway. The inclusion of any link does not imply endorsement, adoption or sponsorship of, or affiliation with Afeatherway of such third party site or third party content.If you access a third-party website or service from our Services, you do so at your own risk, and you understand that these Terms do not apply to any third-party sites. You expressly release Afeatherway from any and all liability arising from your use of any third-party website, service, or content. We strongly recommend that you read the terms and conditions and privacy policies of any third party sites you visit.
Copyright and Trademarks
25. Unless otherwise indicated, the Services and all Content and other materials on the Services, including but not limited to, the Afeatherway logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files (collectively, the “Afeatherway Materials”) are the proprietary property of Afeatherway or our licensors or Members and are protected by copyright, trademark and other intellectual property rights. You may not display, copy or use any Afeatherway Materials without the prior written permission of Afeatherway or the applicable owner of said rights. You may not use any metatags or any other “hidden text” utilizing “Afeatherway” or any other name, trademark or product or service name of Afeatherway without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Afeatherway and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. Any authorized use of these trademarks must be in accordance with guidelines that Afeatherway may provide to you in writing upon your request in writing.
Amendments
26. Afeatherway reserves the right to make changes or modifications to the Terms, or any policy or guideline of our Services, at any time and in our sole discretion. If Afeatherway makes any changes to these Terms, we will provide notice of the changes by updating the revision date at the top of these Terms. The most current version of the Terms will supersede all previous versions. Your continued use of our Services following changes or modifications of the Terms will constitute your acceptance of the changes or modifications.
Disclaimer of Warranties
27. If you use our Services, you do so at your sole risk. Our Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we expressly disclaim, and you waive, all other warranties of any kind, whether expressed or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Services, including the Content contained therein.
28. We do not represent of warrant that:
a) our Services will meet your requirements;
b) our Services will be uninterrupted, timely, secure, or error-free;
c) any Content you may obtain or otherwise Exchange through our Services will be accurate or reliable;
d) the quality of any products, services, or otherwise Content you Exchange through our Services will meet your expectations;
e) any Content you provide, we collect, or otherwise that is on our Services will not be disclosed to third parties; or
f) any errors in any data or software will be corrected.
29. No data, information, advice, or other communication obtained by you in oral or written form from us or through our Services will create any warranty not expressly stated in these Terms.
Limits to Liability
30. To the maximum extent permitted by applicable law, in no event shall the Released Partybe liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, data, health, life, time, or other intangible losses that result from:
a) youruse of or inability to use the Services;
b) any conduct or content of any Member or third-party, on or related to the Services;
c) any content obtained from or through the Services; or
d) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
31. To the maximum extent permitted by applicable law, the Released Party assumes no liability or responsibility for any:
a) errors, mistakes, omissions, or inaccuracies of Content;
b) personal injury, death, or property damage, of any nature whatsoever, resulting from your Use of our Services;
c) any unauthorized use of our secure servers and/or any and all personal information stored therein;
d) any interruption or termination of transmission to or from our service;
e) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Services by any third party; or
f) Member Posts or the defamatory, offensive, or illegal conduct of any third party.
Indemnity or Release
32. You agree to defend, indemnify and hold harmless Afeatherway and the Released Party from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
a) your use of or inability to use the Services, including any data or Content transmitted or received by you;
b) your violation of any of the Term herein, including without limitation your breach of any of the representations and warranties above;
c) your violation of any third-party right, including without limitation any right of privacy, intellectual property rights, and any rights of any third party or Members;
d) your violation of any applicable law, rule or regulation;
e) any Content that is submitted via your account;
f) your willful misconduct; or
g) any other party's access and use of the Services with your unique username, password or other appropriate security information.
Payments and Donations
33. Afeatherway will notify you if any fees apply to any of the Services. Any fees quoted will be in Canadian Dollars, and are subject to change from time to time. All fees are non-refundable, and you are responsible for paying them when they become due. Payments may be by PayPal, Bitcoin, credit card, or other forms acceptable by us, subject to change. Your failure to pay fees as they become applicable may limit your ability to use the Services.
34. Please contact us if you would like to make a donation to our Services.
Disputes Resolution
35. Please read the following paragraph carefully because if requires you to arbitrate disputes with Afeatherway and limits the manner in which you can seek relief. You and Afeatherway agree to arbitrate any disputearising from these Terms or relating to the Services, except that you and Afeatherway are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Subject to any rights you may have under applicable law, arbitration prevents you from suing in court or from having a jury trial. You and Afeatherway agree that:
a) you will notify each other of any dispute within thirty (30) days of when it arises;
b) you will attempt informal resolution prior to any demand for arbitration;
c) any arbitration will occur in Vancouver, British Columbia;
d) arbitration will be conducted confidentially and in the English language by a single arbitrator in accordance with the laws of the Provinceof British Columbia and the federal laws applicable therein;
e) the decision of the arbitrator on all issues or matters submitted for resolution shall be conclusive, final and binding on all parties;
f) the courtsof British Columbia and Canada have exclusive jurisdiction over any any suit between the parties not subject to arbitration;
g) other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court;
h) whether the dispute is heard in arbitration or in court, you and Afeatherway will not commence against the other a class action, class arbitration, or other representative action or proceeding.
Miscellaneous
36. These Terms and the rest of our legal terms constitute the entire agreement between you and us regarding the use of the Service.
37. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.
38. The section titles and order of information presented herein are for convenience only and have no legal or contractual effect.
39. The Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Afeatherway’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Afeatherway may assign the Terms at any time and to any third party without restriction.
40. These Terms shall be governed by and interpreted and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada, as applicable.
41. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
42. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
Regarding these Terms
Please send questions or comments regarding these Terms or your Use of the Services to the following contact:
Address of Designated Agent: Nicolas Provencal
2465 W 1st Ave
Vancouver BC V6K 1G5
Phone Number of Designated Agent: +1 250.710.1107
Email Address of Designated Agent: nicprovencal@gmail.com
