DATARACTION TERMS AND CONDITIONS
Dataraction is a peer-to-peer educational technology that supports video-streaming provided by Dataraction, Inc. ("Dataraction", "we,", "us" or “our”). This Terms of Service Agreement describes the terms and conditions (“Terms”) that govern your use of and participation in Dataraction services. Dataraction services include our website and mobile device software applications (the "Dataraction Software"), applications for third-party web sites and services, and information, features and functionality owned, controlled, or offered by Dataraction (collectively the "Services"). By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and to the collection and use of your information as set forth in the Privacy Notice.
These Terms apply to anyone who accesses or uses Dataraction, regardless of whether you are a User, a Streamer, or a site visitor.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
Dataraction allows a User to view live-streams and archived videos that are uploaded on behalf of the Streamer, and communicate with other users through platform tools. Dataraction has the authority to accept or decline a Streamer’s video. You understand and agree that Dataraction is not a party to any agreement entered into between a User and a Streamer, nor is Dataraction an education service or agent.
We may, in our sole discretion, change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. When we change a/the Term(s), we will update the last modified date at the top of this page. Such changes will be effective when the revised Term(s) is posted to our Website. If there are material changes to these Terms, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. You should check these Terms regularly for any revisions, and especially before your use of the Services. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms of Service, do not use or access or continue to access the Services.
In order to access and use the Services or register a Dataraction Account, you must be an individual at least 18 years old. The Services are no longer available to any Shoperon previously removed from the Services by Dataraction, unless Dataraction has given you written notice of reinstatement.
For transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask you to provide a form of government identification or other information to help verify the your identity or background, (ii) screen you against third party databases or other sources, and (iii) where we have sufficient information to identify you, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2. DotsLive Accounts
Parts of our Services require that you register a user account (“Account”).
Your Account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion.
You acknowledge and agree as follows:
Your Account is for your personal use only.
You may not use another Account, permit anyone else to use your Account, or assign or otherwise transfer your Account to any other person or entity.
When creating your Account, you must provide accurate and complete information and keep such information updated and accurate throughout the time that you are legally bound by these Terms. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Dataraction immediately of any breach of security or unauthorized use of your Account. Dataraction will not be liable for any losses caused by any unauthorized use of your Account. By providing Dataraction your email address, you consent to our use of the email address to send you service-related email, including any notices required by law.
3. Service Rules
You agree not to engage in any of the following prohibited activities:
copying, distributing, or disclosing any part of the Services in any medium without obtaining written permission from Dataraction;
modifying or making derivative works based upon the Services;
collecting or harvesting any personally identifiable information, including Account names, from the Services;
using the Services for any commercial solicitation purposes;
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity;
reverse engineering or accessing the Services in order to: (i) design or build a competitive product or service; (ii) design or build a product using similar ideas, features, functions or graphics of the Services; (iii) copy any ideas, features, functions or graphics of the Services; (iv) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services; (v) misuse the Services, including by hacking or "scraping"; (vi) send spam or otherwise duplicative or unsolicited messages of any kind in violation of applicable laws; (vii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or anything which would violate third party privacy rights; (viii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ix) interfere with or disrupt the integrity or performance of the Services; or (x) attempt to gain unauthorized access to the Services or its related systems or networks.
Dataraction may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability for any reason, including if, in Dataraction’s sole determination, you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. All aspects of the Services are subject to change or elimination at Dataraction’s sole discretion. Dataraction reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that Dataraction will not be liable to you for any interruption of the Services, delay, or failure to perform.
4. User Content
Some areas of the Services may allow you to post, upload, publish, submit or transmit content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Services), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials ("User Content"). You retain ownership of your User Content, and are solely responsible for the User Content that you upload, publish, display, link to, or otherwise make available on the Services.
User Content will be deemed non-confidential and non-proprietary. You understand that Dataraction does not guarantee any confidentiality with respect to any User Content.
You acknowledge that Dataraction only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory, vulgar, illegal, or disparaging statements.
You agree not to post User Content, or take any action on or through the Services, that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, or physical or mental illness to you, to any other person; (ii) may create a risk of any loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), threatening, or otherwise objectionable; or (v) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind such as privacy rights. Dataraction reserves the right, but is not obligated, to reject and/or remove any User Content that Dataraction believes, in its sole discretion, violates these provisions.
5. Other Users
While we may take actions to verify your identity and descriptions and information via the Services, Dataraction does not endorse any Users, Streamers, site visitors or their background, any User Content. You are solely responsible for your interactions with other Users and site visitors. We reserve the right, but have no obligation, to monitor disputes between you and other Users and site visitors. Dataraction shall have no liability for your interactions with other Users and site visitors, or for any other Users and site visitors’ action, with respect to the Services. You acknowledge that Dataraction does not offer certified educational services. Instead, the Services allows Users and Streamers to engage directly with each other. While we may help facilitate successful experiences and learning experiences, we do not guarantee the quality, safety, truth, or User Content, or other services or content available via the Services.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users, or other third parties will be limited to the particular User or third party that causes you harm, and you agree not to attempt to impose liability on or seek any legal remedy from Dataraction with respect to such actions or omissions. If you have a dispute with one or more Users, you release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE PEER-TO-PEER LEARNING AMONGST USERS AND STREAMERS. DATARA CTIONCANNOT AND DOES NOT CONTROL THE USER CONTENT, THE BEHAVIOR OF ANY USERS, SITE VISITORS, OR THE ACTIONS OF ANY USERS, SITE VISITORS. DATARACTION IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO USER CONTENT AND ACTIONS. ACCORDINGLY, ANY DATARACTION SERVICE USED BY A USER WILL BE AT THE USER’S OWN RISK.
6. User Content License Grant
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Dataraction Platform, you grant to Dataraction a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Dataraction Platform, in any media or platform. Unless you provide specific consent, Dataraction does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
7. User Licenses
Subject to your compliance with these Terms, Dataraction grants you a limited, non-exclusive, revocable, non-transferable license to use the Services for your personal, noncommercial use only. Dataraction reserves all rights not expressly granted herein in the Services and the Dataraction Content (as defined below). Dataraction may terminate this license at any time for any reason or no reason. You shall not:
copy, distribute, or disclose any part of the Services in any medium without written permission from Dataraction;
modify or make derivative works based upon the Services;
collect or harvest any personally identifiable information, including Account names, from the Services;
use the Services for any commercial solicitation purposes;
impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, or hiding or attempting to hide your identity;
reverse engineer or access the Services in order to: (i) design or build a competitive product or service; (ii) design or build a product using similar ideas, features, functions or graphics of the Services; (iii) copy any ideas, features, functions or graphics of the Services; (iv) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services; (v) misuse the Services, including by hacking or "scraping"; (vi) send spam or otherwise duplicative or unsolicited messages of any kind in violation of applicable laws; (vii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or anything which would violate third party privacy rights; (viii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ix) interfere with or disrupt the integrity or performance of the Services; or (x) attempt to gain unauthorized access to the Services or its related systems or networks.
Any third-party code that may be incorporated in the Dataraction Software is covered by the applicable open source, if any, authorizing the use of such code.
The foregoing license grant is not a sale of the Dataraction Software or any copy thereof, and Dataraction or its third party partners or suppliers retain all right, title, and interest in the Dataraction Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. Dataraction reserves all rights not expressly granted under these Terms.
8. Our Proprietary Rights
Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Dataraction Content") are the exclusive property of Dataraction and its licensors. Except as explicitly provided herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Services. Use of the Dataraction Content or materials on the Services for any purpose not expressly permitted by this Term is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Dataraction under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.
There is no subscription or membership fee associated with the Services. However, Dataraction reserves the right to charge a fee for the use of the Services. If Dataraction decides to charge such a fee, we shall inform you accordingly and allow you to either continue or terminate your use of the Services.
Any payment made is non-refundable. Payment options may include all major credit cards, Debit/Visa (traditional debit cards are not accepted). Dataraction may add additional payment methods from time to time.
Dataraction uses a third-party payment processor (the "Payment Processor") to link the payment card the User provides to the Services, and by using this third-party service, the User agrees to its terms and conditions of service.
The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of your credit card issuer in addition to these Terms. Dataraction is not responsible for any errors by the Payment Processor.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATARACTION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, PROPERTY DAMAGE OR PARCEL DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER INTANGIBLE LOSSES SUFFERED BY YOU OR USER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES; AND/OR (VII) LOSS OF PROFITS, REVENUE, ECONOMIC ADVANTAGE, GOODWILL.
THE LEGISLATION OF CERTAIN JURISDICTIONS DOES NOT ALLOW FOR CERTAIN EXCLUSIONS OF LIABILITY, SO THAT SOME OF THE PROVISIONS ABOVE MAY NOT APPLY TO YOU. FOR THE AVOIDANCE OF DOUBT NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU TO THE EXTENT THAT, BY APPLICABLE LAW, SUCH LIABILITY MAY NOT BE SO LIMITED OR EXCLUDED.
13. Third-Party Links
You agree to defend, indemnify, and hold harmless Dataraction and their employees, contractors, agents, officers, and directors, 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: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Term, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including any right of privacy; (iv) your violation of any law, rule, or regulation of Canada or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Account; or (vi) any other party’s access and use of the Services with your unique LinkedIn login or other appropriate security code.
These Terms and the other policies posted on Dataraction Services constitute the entire agreement between us and you, superseding any prior agreements. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree to submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive.
You give Dataraction your consent to assign or transfer these Terms in our sole discretion to: (i) a subsidiary or affiliate; (ii) an acquirer of Dataraction’s equity, business or assets; or (iii) a successor by merger. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
295 Hagey Blvd. West Entrance (Accelerator Centre)
Re: User Inquiries
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received seven days following the date of mailing. We may update this Term at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to these Terms will be effective unless made in writing, signed by Shoppers, Chaperons, site visitors and by us. Send questions, comments or complaints to Dataraction Customer Support.