Terms of Service
Effective: July 22, 2022
These terms of service (“Terms”) cover your use and access to our services
and website (“Services”). Our Privacy Policy explains how we collect and
use your information. By using our Services, you agree to be bound by
these Terms and our Privacy Policy.
USING THE SERVICES
You must be at least 13 years old to use the Services. Agency 5 Inc does not
knowingly collect information from children under 13.
You may use our Services only as permitted by applicable law, including
export control laws and regulations.
Subject to your compliance with these Terms, Agency 5 Inc grants you a
limited, nonexclusive, revocable, non-transferable license to access and use
the Services in order to use the features as provided by Agency 5 Inc.
We work to continuously improve our Services. As such, the Services may
change from time to time, at our discretion. We may modify or stop
providing the Services or any features within the Services with or without
notice and without liability to you or any third party.
You may stop using our Services at any time. We reserve the right to
suspend or terminate your account and your access to the Services without
notice to you at any time for any or no reason, including, but not limited to,
if we reasonably believe: (a) you have violated these Terms, (b) your use of
the Services poses a risk of harm or loss to us or other users, or (c) you are
engaging in abusive use of the Services.
CONTENT
You are responsible for the information that you provide to the Services or
to Agency 5 Inc (“Content”). Examples of your Content include information
about your media file types and all communications that you send or direct
to Agency 5 Inc. You agree that you have all the permissions, rights, and
licenses necessary to provide your Content to Agency 5 Inc; your Content
does not include personal, private, or confidential information belonging to
others; and your Content does not otherwise violate the rights of any
individual or entity.
You own your Content. However, to enable us to provide, promote, and
improve the Services, you grant Agency 5 Inc a worldwide, non-exclusive,
royalty-free license to use, store, reproduce, modify, adapt, publish, display,
and distribute your Content.
We respect the intellectual property of others. We reserve the right to
delete content alleged to be infringing on a copyright and to terminate
accounts of infringers. If you believe content on the Services violates your
intellectual property rights, you may send a notice to our Copyright Agent.
Please note that we may send a copy of any legal notice we receive to the
person claimed to be infringing on content, or to a third party for
publication. Our designated agent for notice of alleged copyright
infringement on the Services is:
Copyright Agent
Agency 5 Inc
86-50 Burnhamthorpe Road # 172
Mississauga, Ontario L5B 3C2
[email protected]
YOUR RESPONSIBILITIES
You agree to comply with all applicable laws, rules and regulations, and to
not violate or infringe the rights of any third party. In using Agency 5 Inc,
don’t engage in any activity which: (a) is illegal, or intended to promote or
commit an illegal act of any kind; (b) is defamatory, misleading, obscene, or
promotes hatred or violence; (c) is intended to or does harass or bully
others; (d) exposes private information of a third party without their
explicit consent; or (e) includes promotional content or unwanted
solicitations.
You also agree not to misuse our Services, for example, by interfering with
them or accessing them using a method other than the interface and the
instructions that we provide. You may not do any of the following: (a)
access, tamper with, or use non-public areas of the Services; (b) probe,
scan, or test the vulnerability of any system or network of the Services; (c)
breach or circumvent any security or authentication measures of the
Services; (d) access or search the Services by any means other than
through our publicly supported interfaces (for example, “scraping”); (e) use
the Services to send altered, deceptive or false source-identifying
information; (f) interfere with or disrupt any user, host or network of the
Services, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Services, or by scripting the creation
of Content in such a manner as to interfere with or create an undue burden
on the Services; (g) reverse engineer, decompile, disassemble, or otherwise
attempt to discover the source code or underlying structure of the
Services; (h) modify, reproduce, publish, or create derivative works of the
Services; or (i) license, resell, rent, lease, or distribute the Services or any
components thereof.
You may need to create an account to use some of our Services. You are
responsible for safeguarding your account, so use a strong password and
do not share your account credentials with others. You alone are
responsible for anything that happens from your failure to maintain
account security and confidentiality.
We reserve the right to take appropriate action in response to violations of
these Terms, which could include removing or disabling access to Content,
or suspending or terminating your access to the Services.
DISCLAIMER OF WARRANTIES
You acknowledge that the Services are provided “as is” and on an “as
available” basis, without warranty of any kind, whether express or implied,
and that your use of the Services is at your sole risk. Agency 5 Inc does not
warrant: (a) that the Services will meet your specific requirements, (b) that
the Services will be uninterrupted, timely, secure, or error-free, (c) that the
results that may be obtained from the use of the Services will be accurate
or reliable, or (d) that the quality of any information or other material
obtained through the Services will meet your expectations. Agency 5 Inc
specifically disclaims any implied warranties of merchantability, fitness for
particular purpose, and non-infringement.
LIMITATION OF LIABILITY
To the full extent permitted by applicable law, Agency 5 Inc shall not be
liable for any indirect, incidental, special, punitive, or consequential
damages of any kind or for any loss of profits, revenue, data, use, goodwill,
or other intangible losses arising out of, or in connection with (a) your use
or inability to use any part of the services, (b) statements or conduct of any
third party on the services, or (c) your participation in or exclusion from
Agency 5 Inc groups whether in contract, tort, strict liability or otherwise,
even if we have been advised of the possibility of such damages. Our
liability to you or any third parties in any circumstance is limited to the
greater of $100 or the amount of fees, if any, you paid to us in the 12
months prior to the event giving rise to the claim.
RELEASE AND INDEMNIFICATION
To the full extent permitted by applicable law, you agree to release us and
our officers, directors, shareholders, employees, and agents from claims,
demands, and damages arising out of or in any way connected with any
transaction with a third party, your interactions with other members, or in
connection with a Agency 5 Inc group. You acknowledge that plugins carry
inherent dangers, such as the security gaps, hacking, malicious code, or
coding errors. By using this plugin, you understand and agree that you have
freely chosen to assume these risks.
You agree to defend, indemnify and hold Agency 5 Inc (and its officers,
directors, shareholders, employees, and agents) harmless from and against
any losses, claims, actions, costs, damages, penalties, fines and expenses,
including without limitation, reasonable attorneys’ fees and expenses,
arising out of or relating to (a) your violations of this Agreement, (b) your
use or misuse of the Services, (c) your Content, or (d) your violation of any
applicable laws, rules or regulations through or related to the use of the
rvices. You will not settle any such clai in any manner that would
require Agency 5 Inc to pay money or admit wrongdoing of any kind
without our prior written consent.
TRADEMARKS
The Services are protected by copyright, trademark, and other laws of both
the Canada and other countries. These Terms do not grant you any right,
title, or interest in the Services, Agency 5 Inc trademarks, logos and other
brand features, or content provided by other users.
GENERAL
These Terms, together with any policies incorporated into these Terms by
reference, constitute the entire agreement between you and Agency 5 Inc,
superseding any prior agreements between you and Agency 5 Inc on such
subject matter.
These Terms will be governed by the laws of the Province of Ontario,
without regard to its choice of law principles. Any legal action or
proceeding related to these Terms will be brought exclusively in the federal
or provincial courts located in Ontario, Canada, and the parties consent to
the personal jurisdiction and venue of such court(s). However, this
paragraph doesn’t override the laws of countries, including those in the
European Union, that require agreements to be governed by the local laws
of the consumer’s country.
A party’s failure to enforce any part of these Terms is not a waiver of its
right to do so later. If any portion of these Terms is held to be
unenforceable or invalid, that portion will be enforced reflecting our intent
as closely as possible, and all other provisions will remain in full force and
effect. You may not assign any of your rights under these Terms, and any
such attempt will be void. Agency 5 Inc may assign its rights to any affiliate
or successor in interest of any business associated with the Services.
You agree to resolve disputes with Agency 5 Inc on an individual basis. You
agree not to bring a claim as a plaintiff or a class member in a class,
consolidated, or representative action. You are expressly waiving any right
to participate in class actions, class arbitrations, private attorney general
actions, and consolidation with other arbitrations.
We may revise these Terms from time to time. When we do, we will provide
notice to you by publishing the most current version and changing the date
on this page. If we make any material revisions, we will try to provide
additional notice, such as by displaying a prominent notice on our Services
or sending you an email. By continuing to use the Services after the
revisions become effective, you agree to be bound by the revised Terms. If
you do not wish to accept the revised Terms, you can close your account.
These terms are between you and Agency 5 Inc 86-50 Burnhamthorpe
Road # 172, Mississauga, Ontario L5B 3C2