Meshed Media
Last revision: 22-04-2021

PLEASE READ THESE TERMS OF USE CAREFULLT BEFORE USING THIS PLATFORM.

The following Terms and Conditions govern and apply to your use of or reliance upon this platform maintained by meshed.ca (the “Platform”).
Your access or use of the Platform indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the platform. Your continued use of the Platform will be considered your acceptance to the revised Terms and Conditions.

1. AGE RESTRICTION

You must be at least 13 years of age to use this platform or any services contained herein. Your access or use of this Platform indicates your Representation that you are at least 13 years of age. We assume no responsibility or liability for any misrepresentation of your age.

2. INTELLECTUAL PROPERTY

All intellectual property on the Platform (except for User Generated Content, as defined bellow) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered, and/or licensed by us. All content on the Platform (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, photos, sound, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company, all rights reserved.

3. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Platform including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Platform or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Platform and the services offered on the Platform. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you.

4. USER GENERATED CONTENT

“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sound, and any other content that you and/or other platform users post or otherwise make available on or through the platform, except to the extent the content is owned by us.

5. ACCOUNT AND ACCOUNT USE

If your use of the Platform requires an account identifying you as a user of the Platform (an “Account”):
  1. You are solely responsible for your Account and the maintenance, confidentiality for your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
  2. You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
  3. You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep use information held by us current, complete and accurate.

6. PAYMENT

When you make a purchase on the Platform, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument, when you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss or a violation of law.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

7. SALE OF GOODS AND SERVICES

We may sell goods and services or allow third parties to sell goods or services on the Platform. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

8. SHIPPING, DELIVERY AND RETURN POLICY

You agree to ensure payment of any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a calid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We may also request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates are quoted due to unforeseen circumstances.

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following: admin@meshed.ca

9. AFFILIATE MARKETING & ADVERTISING

We, through the platform and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the platform. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.

10. ACCEPTABLE USE

You agree not to use the platform for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the platform in any way that could damage the Platform, the services or the general business of Meshed Media inc.

You further agree not to use and/or access the platform:

  1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  2. To violate any intellectual property rights of us or any third party;
  3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  4. To perpetrate any fraud;
  5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  6. To publish or distribute or obscene or defamatory material;
  7. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
  8. To unlawfully gather information about others

11. PROTECTION OF PRIVACY

Through your use of the platform, you may provide us with certain information. By using the platform, you authorize us to use your information in Canada and other country where we may operate.

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our platform, we may also receive information from external applications you use to access our platform, or may receive information thought various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our platform, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third party providers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.

If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.

12. REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:
  1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the platform;
  2. Violate the security of your Account or content. Your use of the platform is at your own risk.

13. DATA LOSS

We are not responsible for the security of your Account or Content. Your use of the platform is at your own risk.

14. INDEMNIFICATION

You defend and indemnify Meshed Media Inc and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Platform, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to do so.

15. SERVICE INTERRUPTIONS

We may need to interrupt your access to the platform to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Platform may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.

16. USER GENERATED CONTENT & COPYWRITE MATERIALS

As a Meshed Media account holder, you may submit content to the platform, including Videos, comments, statuses, messages, photos, text, music. By agreeing to these Terms You understand that Meshed Media does not guarantee any confidentiality with respect to any content you submit.

You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the platform. You affirm, represent, and warrant that you own or have the necessary licence, rights, consents and permissions to publish content you submit; and you license to Meshed Media all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the platform pursuant to these Terms of Service.

For clarity, you retain all of your ownership rights in your content. However, by submitting content to Meshed Media, you hereby grant Meshed Media a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the platform and Meshed Media’s business and it’s successors’ and affiliates’, including without limitation for promoting and redistributing part or all of the service (and derivative works there of) in any media formats and through any media channels.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Meshed Media all of the license rights granted herein. You further agree that you will not submit to the platform any content or other material that is contrary to Meshed Media’s Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

Additionally, Content shall not encourage, condone, or tolerate hate speech, harassment, cyber-bullying, or any acts of violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these or similar core characteristics. Content creators shall not act in a manner that negatively affects other users’ ability to use the website, including without limitation by engaging in conduct that is harmful, criminal in nature, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable.

You shall not deploy programs, software or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial-of-service attack or similar conduct.

Content shall not contain unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation. There shall be no unlawful or unauthorized sweepstakes, contests, or lotteries, or otherwise related to gambling allowed in the Content. Content creators shall not post anything which impersonates another person or falsely state or otherwise misrepresent your affiliation with a person, or content that is defamatory or slanderous, regardless of whether the statement was made with or without knowledge of the truth or falsity of the statement.

By agreeing to these Terms and Conditions it acknowledges that it understands that these Terms of Service authorize the Platform Admin and any other agent of Meshed Media to remove any and all videos that violate these Terms of Service. If a violation is so found, the creator of such content forfeits any and all revenue generated from the removed video(s), and can be banned from future uploads at the sole discretion of Meshed Media.

Meshed Media does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Meshed Media expressly disclaims any and all liability in connection with Content. Meshed Media does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Meshed Media will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Meshed Media reserves the right to remove Content without prior notice.

17. TERMINATION OF ACCOUNT

We may, in our sole discretion, suspend, restrict or terminate your account and your use of the platform, effective at the time, without notice to you, for any reason, including because the operation or efficiency of the platform or our or any third party’s equipment or network is impaired by your use of the Platform, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the platform, or you have been or are in breach of any term or condition of these terms and conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the platform.

18. NO WARRANTIES

You use of the platform is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranties of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the platform will meet your needs or that the platform will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the platform or obtained through the services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the platform is your sole responsibility and we are not liable for any such damage of loss.

19. PRIVACY

Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this platform are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
For more information, please refer to our Privacy Policy, available on the platform

20. LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the platform, to the fullest extent permitted by law. The maximum liability of $50 arising from your use of the platform is limited to the greater of one hundred ($100) Canadian Dollars or the amount paid to Meshed Media in the last (6) months. This applies to any and all claims by you, including but not limited to, lost profits or revenue, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.