Last Updated August 8, 2022
Welcome to FavReviews!
The following terms and conditions (“Terms”) govern your use of the FavReviews website, services, content, and products (collectively “Services”). Please read these Terms carefully before using our Services as they contain important information about your legal rights and obligations.
By using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, do not use our Services.
We may make changes to these Terms from time to time. If we do, we will post the new Terms on this page and update the “Last Updated” date at the top of this page. If the changes are significant, we may provide additional notice, such as by sending an email notification or displaying a prominent message on our website. Your continued use of our Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms.
1. Registration and Accounts
To use some of our services you may be asked to create an account and provide us with certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all information you submit is accurate and truthful; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of our Services does not violate any applicable law or regulation.
You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
2. Content
Our Services may allow you to upload, post, publish, or otherwise make available (“post”) content, including but not limited to text, photos, videos, or other materials (“content”). You retain all ownership rights in your content. However, by posting content on our Services, you grant us a nonexclusive, worldwide, royalty-free license to use your content in connection with the operation of our Services. This includes the right to copy, distribute, transmit, publicly display or perform, reproduce, edit, translate and reformat your content. You also grant us the right to sublicense these rights to our affiliates, service providers, and other third parties.
You agree that you will not post content that: (a) infringes or violates the intellectual property rights, privacy rights, confidentiality rights, or other legal or contractual rights of any person; (b) is false, misleading, fraudulent, defamatory, libellous, hateful, racially or ethnically offensive, or otherwise objectionable; (c) is harassing or threatening to another person; (d) advocates or encourages illegal activity; or (e) contains viruses, worms, Trojan horses, spyware, malware, or any other harmful or destructive code.
You also agree that you will not: (a) scrape, copy, or otherwise collect content from our Services without our prior consent; (b) impersonate any other person or misrepresent your affiliation with any other person or entity; (c) interfere with or disrupt the operation of our Services; (d) violate any applicable law or regulation; or (e) encourage or enable any other person to do any of the foregoing.
You acknowledge and agree that we may moderate your content at our sole discretion, including but not limited to removing or modifying your content if we believe it violates these Terms or our Community Guidelines. We have no obligation to moderate content, but we reserve the right to do so.
3. FavReviews Proprietary Rights
The content on our Services is protected by copyright, trademark, and other laws of Canada, the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all rights, title, and interest in and to our Services, including all associated intellectual property rights. You acknowledge and agree that you will not, and will not allow any third party to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of our Services or any part thereof.
4. Third-Party Content and Links to Other Websites
Our Services may display content posted by third parties or contain links to third-party websites. We do not endorse, sponsor, or otherwise have any affiliation with any such third parties or websites. Unless we expressly state otherwise, we do not control, endorse, or guarantee any content posted by these third parties or the accuracy of any information on these third-party websites. You agree that your use of these third-party websites and content is at your own risk and subject to the terms and conditions of use for such websites.
5. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT: (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FILING OF ANY CLAIM BY YOU.
7. Termination of Use
You agree that we may, in our sole discretion and for any or no reason, terminate your account or your access to our Services at any time without prior notice. We may also impose limits on certain features or restrict your access to parts or all of our Services without notice or liability.
You agree that any termination of your access to our Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account. Further, you agree that we shall not be liable to you or any third party for any termination of your access to our Services.
8. Indemnification
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Services, the violation of these Terms by you, or your infringement of any intellectual property or other rights of any person.
Those using our Services on behalf of a business entity further agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Services, the violation of these Terms by you, or your infringement of any intellectual property or other rights of any person.
9. Trademarks and Copyright Information
All trademarks, service marks, logos, and domain names used on our Services that are not our own are the property of their respective owners. Our trademarks and trade dress may not be used in connection with any product or service that is not our own, in any manner that is likely to confuse customers, or in any manner that disparages us. Nothing contained in our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our express prior written consent.
Except as otherwise expressly provided, these Terms do not grant you a license under any intellectual property rights, including but not limited to patent, trademark, copyright or trade secret rights. All such rights are reserved by us and/or other respective owners. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services.
10. Copyrights and Copyright Agents
We respect the intellectual property of others and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vii) Your physical or electronic signature.
For notice of alleged copyright infringement on our services please contact:
Deborah Clarke, FavReviews, Ontario, Canada, hello@favreviews.com
11. Third-Party Content and Links to Other Websites
Our Services may contain content from third parties (“Third-Party Content”) as well as links to other websites or resources (“Third-Party Sites”). We are not responsible for, do not endorse and make no representations or warranties concerning any Third-Party Content or Third-Party Sites. You acknowledge that you access such content and sites at your own risk.
12. User Submissions
We may provide areas on our Services where users can post information about themselves, their businesses, events or other topics (“User Submissions”). We have no obligation to monitor any User Submissions. You acknowledge that we have the right, but not the obligation, to review any User Submissions and delete or refuse to post any User Submission for any reason. You are solely responsible for all User Submissions that you upload, publish or display while using our Services and you agree that we will not be liable for any loss suffered as a result of the use of any User Submissions by you.
13. Indemnity
To the fullest extent permitted by law, you agree to indemnify and hold us, our affiliates, parents, subsidiaries, officers, directors and employees harmless from any claims (including reasonable attorney’s fees and costs) arising out of or related to (i) your use of our Services; (ii) any User Submissions that you upload, publish or display while using our Services; (iii) your violation of these Terms; and/or (iv) your violation of the rights of another. You agree to cooperate fully with us in the defence of any such claim. We reserve the right, at our own expense, to assume exclusive control and defence of any matter otherwise subject to indemnification by you. You agree not to settle any such claim without our prior written consent.
14. Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE CONCERNING OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN). WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES CONCERNING OUR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR THE CONTENT CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE 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 OUR SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF PRODUCT DESCRIPTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF US AND OUR AFFILIATES (JOINTLY) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OUTLINED IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF US AND OUR AFFILIATES.
THE LIMITATIONS OUTLINED IN THIS SECTION WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Indemnification
You agree to defend, indemnify and hold us harmless from any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of our Services; (ii) your User Content; (iii) your violation of these Terms; or (iv) your violation of any rights of another.
Should you have any questions or concerns about these terms of service please reach out to:
FavReviews Head Office
hello@favreviews.com
Tiverton, Ontario, Canada