Terms & Conditions
Terms of Service
Last Updated: March 26, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. YOUR USE OF THE SERVICE(S) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE.
These terms of service (this "Agreement" or "TOS") set forth a legally binding contract between You and COMINGTOGETHER, a community action organization headquartered in British Columbia, Canada ("we," "our," or "us"), governing Your access and use of all our websites, including affiliated websites owned and operated by us (collectively, our "Site"), our applications, and any related services (collectively, the "Service"), whether provided directly by us or by any third-party (e.g. Google, Facebook, Apple App Store, etc.). "You," "Your," and "Yourself" mean the person who uses the Service.
By using the Service, You agree that You have read, understand, and agree to be bound by the terms of this Agreement. In addition, when accessing or using certain elements of the Service, You will be subject to any additional terms, as applicable, which are hereby incorporated by reference into this Agreement, including, without limitation, our Privacy Policy, and any end user license agreements for any of our software that You use to access to the Service.
1. Requirements for Accessing and Using the Service. Without limiting any other provisions of this Agreement, in order to use the Service, You must obtain the permission of Your parent or legal guardian to use the Service if You are under 18 years old (or older if residing in a state or country where the majority age is older); (c) accept and agree to all the terms of this Agreement; and (d) comply with all of the terms and conditions of this Agreement and all applicable law.
2. Your Limited Right To Use the Service. Subject to the terms of this Agreement, and only as long as You fully comply with its terms, You are granted the non-exclusive, non-transferable, revocable, limited, personal license (expressly subject to the limitations below) to access and use the Service solely for Your personal, non-commercial purposes.
3. Prohibited Activity. Without limiting any other terms of this Agreement, You agree that You will not, under any circumstances:
Misrepresent Yourself to us or any other user of the Service;
Use the Service to send "spam" messages;
Attempt to bypass encryption or security measures in the Service;
Hack, interfere with, or disrupt the Service or any computers or networks connected to or enabling the Service;
Use the Service to post or otherwise transmit (a) any email addresses, personally identifying information (other than Your User Information (as defined below)), or content that is threatening, abusive, bullying, harassing, defamatory, obscene, pornographic, invasive of another's privacy, or discriminatory; (b) any content that You are prohibited by applicable law or contract from posting or transmitting; (c) any content that poses or creates a privacy or security risk to any person; or (d) any content that You did not create or to which You do not have sufficient rights to post or transmit;
Upload any files containing viruses or any other computer code, files, or programs designed to interfere with the functioning of the Service, including, but not limited to, any software, hardware, or communication system related thereto;
Post content or engage in conduct that, in our sole judgment, may expose us or our users to any harm or liability;
Reverse engineer, copy, frame, distribute, sell, modify, decompile or disassemble, or otherwise attempt to discover any source code of, in whole or in part, or create a derivative work of the Service (including, without limitation, any software underlying the Service), except as expressly permitted by applicable law or applicable, valid open source license; or
Engage in or use any data mining, robots, scraping, or other automated data gathering or extraction methods in connection with the Service.
4. Your Account. In order to access certain aspects of the Service, You may need to create an account (an "Account") on the Site or on Facebook, Google+, or another third-party platform authorized by us. If You access or download any portion of the Service through a third party, You will be subject to such third party's terms and conditions in addition to this Agreement. To create an Account, You must select a password and provide certain user information that may contain personally identifying information and payment account information ("User Information"). All User Information You provide Us from time to time must be truthful, accurate, current, and complete. You agree to promptly notify us of any changes to Your User Information. Our Privacy Policy governs our collection, use, and storage of Your User Information. You are solely responsible for ensuring the confidentiality of Your Account credentials (i.e., Your Account password and login information) and maintaining the security of such information. You agree not to authorize any other person to use Your Account credentials to access the Service. You must notify us immediately at COMINGTOGETHER if: (1) You believe any of Your Account credentials have been obtained or used by any unauthorized person or (2) You become aware of any other breach or attempted breach of the security of the Service or Your Account.
5. Suspension and Termination. Except as otherwise prohibited by applicable law and without limiting any other provisions of this Agreement or our rights or remedies under applicable law or this Agreement, You agree that COMINGTOGETHER, in its sole discretion, may suspend or terminate Your Account and/or Your access to and use of the Service, without notice and liability to You or any third party, at any time and for any reason, including, but not limited to, Your actual or suspected violation of this Agreement or applicable law. Upon any such suspension or termination, we may immediately deactivate or delete Your Account and all related information in Your Account, except as otherwise prohibited by applicable law. If You wish to terminate this Agreement, You must stop using the Service.
6. Your Content. You are solely responsible for all content You upload, transmit, post, publish on or through the Service (collectively, "User Content"). By posting User Content on or through the Service, You hereby grant COMINGTOGETHER and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, transmit, perform, distribute, store, modify, sublicense, and otherwise use Your User Content in any way and for any purpose in connection with the Service in accordance with our Privacy Policy, and, to the extent permitted by applicable law, You hereby waive any moral rights or similar interest(s) with respect to our use of Your User Content. The license for User Content granted to us in this Section, and the related waiver of any applicable moral rights, shall survive any termination of this Agreement.
When You post User Content on or through the Service, You represent and warrant that You have the right, power, and authority to post that User Content and grant the license in this Section. You further represent and warrant that by posting such User Content You are not violating any third-party rights of any kind, including, without limitation, any rights of publicity or privacy rights. To the extent Your User Content may be copyrightable, You represent, warrant, and covenant that You are the owner of all the copyright rights to such User Content and that COMINGTOGETHER may exercise the rights to Your User Content granted under this Agreement without any liability or obligation for any payment to You or any third parties.
You agree that You must evaluate, and bear all risks associated with, the use of any User Content uploaded, transmitted, posted, published on or through the Service by others, including any reliance on the accuracy, completeness, or usefulness of such User Content. You are solely responsible for Your interactions with any other user. We reserve the right, but not the obligation, to become involved in any disputes between users in connection with the Service.
Before publishing any User Content on or through the Service, You should keep in mind that other users may view, use, reproduce, or appropriate Your User Content in ways that You may not approve or authorize. All User Content is deemed non-confidential public information in which You should have no expectation of privacy. We cannot be responsible for any third party use or misuse of Your User Content You make available on or through the Service.
Without undertaking any obligation to screen or monitor User Content, COMINGTOGETHER has the right (but not the obligation) to edit, modify, refuse to post or remove any User Content that it determines, in its sole discretion, violates this Agreement or is otherwise objectionable. You acknowledge and agree that we may, but are not obligated to, preserve User Content and may also disclose User Content to the extent permitted by applicable law and as provided in our Privacy Policy.
COMINGTOGETHER does not wish to receive and will not accept unsolicited ideas or suggestions as a general matter of policy. Any suggestions, feedback, or data that You submit, post, publish, or otherwise publicize on, through, or in connection with the Service are deemed User Content and are governed by this Agreement. You acknowledge that we have no obligation to accept, use, return, evaluate, or consider such ideas or suggestions, and we will be entitled to use and disseminate such ideas and suggestions without restriction and for any purpose whatsoever without acknowledgment or compensation to You or any third party.
7. Our Warranties and Disclaimers: Service is Provided on an "As-Is" and "As-Available" Basis. From time to time the service may have bugs, errors, and interruptions. These bugs, errors and interruptions may adversely impact your experience. We provide the service on strictly an "as is" and "as-available" basis. To the maximum extent permitted by applicable law, we expressly disclaim any and all warranties, express, implied, or statutory regarding the service, including, but not limited to, the implied warranties of title, quiet enjoyment, non-infringement, merchantability, and fitness for a particular purpose. Without limiting the foregoing, we do not represent or warrant that the service or its use will (a) be uninterrupted, timely, or secure, (b) be free of bugs, inaccuracies, or errors, (c) meet your requirements, (d) operate in the configuration or with the hardware or software you use, or (e) be accurate or reliable.
You understand and agree that COMINGTOGETHER shall bear no risk with respect to any third-party links, services, or information incorporated into, linked with, or used with the service.
Some provinces do not allow the exclusion of or limitations on implied warranties, so the above exclusions and limitations may not apply to you. However, any limitation will be construed to the maximum extent permitted under applicable law.
8. Our Liability.
Indemnification and Release. You agree to release, indemnify, and hold COMINGTOGETHER, its affiliates, and its and their employees, officers, and agents harmless from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or in any way related to: (i) Your use of the Services, (ii) Your violation of this Agreement, applicable law, or any third-party rights, or (iii) Your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
Limitation of Liability. To the maximum extent permitted under applicable law, you expressly understand and agree that, in connection with your use of the service (or inability to use or access the service), COMINGTOGETHER, its affiliates, and its and their employees, officers, directors, and agents shall not be liable for: (i) any indirect, incidental, special, consequential, exemplary damages, or other damages (including, without limitation, for loss of profits, goodwill, or data) even if such persons have been advised of the possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
THE INDEMNITY, RELEASE, AND LIMITATION OF LIABILITY REPRESENT A MATERIAL INDUCEMENT FOR COMINGTOGETHER TO PROVIDE THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICE.
No Liability for Third-Party Websites and Services. The Service may provide, or third parties may provide, links or other access to third-party websites and resources on the Internet. We provide such links and connections for Your reference only. We have no control over such websites and resources, and we are not responsible for and do not endorse such websites and resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by Your reliance on any content, events, goods, or services available on any such websites or resources. All dealings You have with third parties found while using the Service are between You and the third party, and You agree that COMINGTOGETHER is not liable for any loss or claim that You may have against such third party. You should review any applicable third-party terms and conditions, including third-party privacy policies, carefully as those terms may apply to Your use of third-party websites and recourses.
9. Amendments. We are constantly modifying, updating, expanding, and improving our Service. We reserve the right, subject to applicable law, to make changes, modify, or add or remove portions of this Agreement, our Privacy Policy, and other incorporated terms and policies at any time, in our sole discretion. Material changes to this Agreement shall not be applied retroactively. If we update this Agreement, You will be required to either accept the terms or choose not to accept the terms. If You do not agree to the terms of this Agreement or any modified version of this Agreement, Your sole recourse is to terminate Your use of the Service, in which case You will no longer have access to Your Account. No one at COMINGTOGETHER is authorized to modify this Agreement with You or otherwise enter into an agreement with You that conflicts with this Agreement, except by means of written agreement signed by an authorized agent of COMINGTOGETHER, and any other purported modifications or alterations or conflicting terms shall be null and void.
10. General Terms.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, consistent with the Federal Arbitration Act of the United States and adopted in practice by Canada, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Entire Agreement. This Agreement constitutes the entire and sole agreement between You and us with respect to the Service and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Service, whether written, verbal or established, assumed, or inferred by prior use, custom, or practice. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Assignment. We may assign, delegate, or transfer any or all of our rights and obligations under this Agreement to any third party at our discretion without any prior notice to You. All Your rights and obligations under this Agreement are personal to You and may not be assigned, delegated, or transferred without our prior written consent (which may be withheld for any or no reason), and any purported assignment that does not satisfy such requirement shall be null and void.
Force Majeure. We shall not be liable for a failure or delay to perform resulting from causes outside its reasonable control, including, without limitation, natural disasters, war, terrorism, government action/intervention, accidents, strikes, labor issues, geopolitical conflicts, or disruptions to transportation, supplies, power, or network infrastructure.
Statute of Limitations. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to Your use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
Notices. Subject to the terms of our Privacy Policy and applicable law, we reserve the right, in our sole discretion, to determine the form and means of providing notices to You. For example, we may provide notices to You in writing or electronically by sending You emails, "push" mobile device notifications, and text messages and/or by posting notices on the Site or web application. All notices to us that are intended to have a legal effect must be delivered to the admin of COMINGTOGETHER.
11. Contact Information. You may contact us at [email protected] to report any violations of this Agreement or if You have any questions regarding this Agreement or the Service.
Privacy Policy
Last Updated: March 26, 2020
I. Our Commitment to Privacy
We are serious about your privacy and data rights. We are committed to maintaining a relationship of trust and transparency with you. This Privacy Policy is written in plain language to make it easy to understand how we collect, use, store, and share information that is identifiable to you ("Personal Data") when you access our websites, applications, or other services (collectively the "Services"). By using the Services, you consent to this Privacy Policy.
II. What Do We Collect?
A. Information You Provide to Us Directly. We collect the information you give us, which may include your:
Name
E-mail address
Address
Location
Account information, such as unique username
Your ID from Facebook to improve your experience
Your messages to us or the Services (chat logs, customer support requests)
Information that helps us verify it’s actually you, prevent fraud, and improve our Services
B. Automatically Collected Information. We collect other information automatically from your device through cookies (see our Cookie Policy) and other means (SDKs, web beacons, tracking pixels, server log files, and pixel tags) when you use our Services, including:
IP Address
General Location Data (to help identify regional language and improve social gameplay)
Device information (such as device type, model, operating system, browser version, or unique device identifiers for checking device compatibility and IDFA or GAID)
IDFA means Identifier for Advertisers on Apple and GAID means Google Advertising Identity. These unique identifiers are non-permanent and non-personal, meaning they do not contain sensitive information about you but do allow for consistency across all apps and cross-app tracking. You can opt-out of sharing your device identifier by updating the settings on your device.
C. No "Special Categories" Collection. We do not collect any "special categories of information" from you. That is racial data or information regarding ethnic origin, sexual practices or orientation, political opinions, religious or philosophical beliefs, union membership, or health data.
III. How Do We Use this Data and Why?
We use your Personal Data and non-personal information to:
A. Provide you with our Services.
Operate, maintain, and improve our Services.
Provide customer support for the Services.
Resolve disputes and enforce our Terms of Service.
Enable you to connect with other users.
Create a user account to use the Services.
Identify, fix, and troubleshoot bugs and service errors.
Develop new services.
B. Secure our Services.
Identify and/or prevent fraud.
Identify and/or prevent illegal activities.
Verify user identities for customer support communications.
Enhance the security of our network and information systems.
C. Personalize our Services.
Communicate with you regarding your areas of interest and respond to your requests.
Serve and measure the effectiveness of our marketing campaigns.
Perform analytics for internal marketing and demographic studies to improve or personalize the Services.
D. Legal/Other.
Comply with legal obligations.
Exercise, establish, or defend our legal rights.
Protect the vital interest of you or any other person.
IV. Who Do We Share this Data With?
Except as described below, we will not share your Personal Data with unaffiliated third parties without your consent. However, we may share non-personal data, including anonymized, aggregated, or pseudonymized data in accordance with this Privacy Policy. We may share your information, including Personal Data to third parties in the following instances:
A. Third Party Service Providers. We may contract with third parties to collect or process your information or Personal Data on our behalf to provide the Services. Our agreements with such third parties require them to protect the confidentiality and security of your Personal Data and information in line with this Privacy Policy. We do not share Personal Information with any third parties so they can market to you, without your consent.
B. Affiliated Companies. We may share your information among our subsidiaries, parents, or affiliated companies to improve our Services and better serve you.
C. As Required by Law. We may disclose Personal Data if we believe we are required to do so to:
Comply with a legal obligation.
Protect and defend our rights or property and the rights or property of users of the Services, as well as others.
Protect the personal safety or vital interest of users of the Services or the public.
Protect against legal liability.
Enforce our Terms of Service, policies, or forum/community rules.
Respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
V. How do we Protect and Store Your Personal Data?
A. Protecting your Personal Data. We have implemented appropriate administrative, technical, and organization safeguards designed to protect the Personal Data transmitted, processed, and stored under this Privacy Policy.
B. Storing your Personal Data. Personal Data we collect, is shared with us, or is processed under this Privacy Policy may be stored in Canada or any other country in which we, our subsidiaries/affiliates, or third-party service providers operate, including through the use of cloud storage. By using the Services, you consent to the transfer of your Personal Data and non-personal data to Canada and other countries which may not offer the same level of privacy protections as the laws in your country of residence or citizenship.
VI. Your Privacy Controls
You have control over the collection and use of your Personal Data. You may at any time access or correct your Personal Data, restrict collection or processing of your Personal Data, and in some cases, request the deactivation or permanent deletion of your Personal Data. To request access, correction, restriction, deactivation, or deletion of your Personal Data, contact us at [email protected].
Requests that are unreasonable or impractical may be rejected. To protect your account, requests for deactivation or deletion of Personal Data require additional verification, which may include a temporary suspension of your account and the Services. Once requests for deactivation or deletion are processed, they are permanent and the Personal Data and account cannot be restored.
VIII. Third Party Privacy Practices
This Privacy Policy applies only to Personal Data and information collected by us through your use of our Services. Third-party websites may be accessible through links when using our Services. These third-party websites are governed by their own privacy policies and we are not liable or responsible for any content appearing on those websites or any privacy or security practices for those websites.
IX. Data Retention
We strive to retain only as much Personal Data as is necessary. When Personal Data is no longer required under this Privacy Policy, we will delete it or de-identify it. When it is not commercially reasonable to delete or de-identify your Personal Data, we will remove your Personal Data from processing and securely store it until we are able to permanently delete it.
X. Updates to Our Privacy Policy
From time to time, we may update this Privacy Policy to maintain our commitment to privacy. Updates apply going forward, and never retroactively. When we make changes, we will update the date at the top of this page and notify if the changes are material. We encourage you to visit this page frequently to keep current with any changes.
XII. Contact Us
If you have any questions regarding this Privacy Policy, contact us at [email protected].
Cookie Policy
For All Non-US users
Last Updated: March 26, 2020
COMINGTOGETHER and their service providers use cookies to improve the performance of our websites and apps and to enhance user experience. Cookies are small bits of record-keeping information that websites often store on a user's computer. Cookies generally do not include people's names, email addresses or other personally identifiable information, but rather are used to quickly identify a user's computer and to "remember" things about the user's visit. Our cookies help provide additional functionality to our services (including our websites, web apps and related services) and help us analyze service usage more accurately.
What types of cookies does COMINGTOGETHER use?
We use browser cookies that remain on a device until a user leaves our sites (a "session cookie") or for a longer period (a "persistent cookie").
Generally, our cookies perform up to four different key functions:
1. Necessary cookies
These cookies are essential for the operation of our website. For example, some cookies allow us to authenticate users or enables you to navigate our websites. If users opt to disable these cookies, they will not be able to access all of the content on our websites. These cookies do not identify individuals, the information is aggregated.
2. Performance Cookies
These cookies allow us to analyze how our websites perform based on collecting information on the areas of our website visited by users, the time they spend on the website, and any issues encountered, such as error messages. If users opt to disable these cookies, they will be able to access the content on the website but will not experience an optimized web experience. These cookies do not identify individuals, the information is aggregated.
3. Functionality Cookies
These cookies allow the website to remember users' choices, including username or language preference which allows us to provide a more personalized experience. These cookies also allow visitors to watch videos or engage with our forums and similar tools. If users opt to disable these cookies, they will still be able to access all of the content on our websites, but the smooth functionality of the websites and games will be affected. These cookies may contain personal data, for example username or Facebook profile information. With respect to the use of your personal data, please see our Privacy Policy.
4. Behaviourally Targeted Advertising Cookies
These cookies are used to deliver content that is targeted to users' preferences and interests in the form of relevant advertisements, both delivering relevant ads and limiting delivery of irrelevant ads. These cookies also allow us to evaluate the effectiveness of our campaigns. These cookies, and pixel tags (small strings of code that track events such as when a web user visits a page or opens an email), contain anonymous identifiers that are shared with our service providers as part of promotion efforts or used internally to track effectiveness of email campaigns. If users opt to disable these cookies, they will still be able to access all of the content on the websites, but may not receive customized targeted ads from us.
Does anyone else use cookies on COMINGTOGETHER's sites and apps?
COMINGTOGETHER uses affiliated and unaffiliated service providers to perform some of the functions listed above. COMINGTOGETHER's service providers, including fraud detection vendors and analytics providers, may place cookies or pixel tags on COMINGTOGETHER's websites to perform their obligations to COMINGTOGETHER.
COMINGTOGETHER works with Google to optimize the performance of our Services. COMINGTOGETHER may use Google Analytics who place cookies on your device to monitor website performance and activity and to provide reports on users' website activity. Google receives the information collected by the cookie relating to your use of our websites, which may be stored on servers in the United States. Google may use this information to create reports on your use of COMINGTOGETHER's websites and provide services related to general website activity. Google may transfer this information to third parties if required by law or to Google's service providers.
COMINGTOGETHER will update this section from time to time as applicable.
How can I manage cookies?
You can manage cookies through your internet browser. To opt-out of certain advertising cookies, go to the Network Advertising Initiative opt-out page. Please note that disabling cookies may affect your experience on our website.