Last modified on April 2, 2017
Introduction and Acceptance
The Website is owned and operated by Hypertly, a division of dubdub Inc., a duly incorporated Canadian company. Where the present TOU refer to “Hypertly”, they may refer to dubdub Inc. and/or its officers, directors, employees, agents or representatives, depending on the context. In these TOU, a Website visitor may be referred to as “you”.
Hypertly reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes.
If you have any questions about the TOU, please contact:
400-183 Bathurst Street
General Code of Conduct for Use of the Website
By visiting and / or using the Website, you agree to:
- Not use the Website in any manner that in any way violates these TOU;
- Not use the Website in any manner that violates any intellectual property rights of Hypertly or any third party;
- Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
- Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Hypertly or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of Hypertly, other Website users, or any other third party;
- Not: (1) take any action that imposes or may impose (as determined by Hypertly in its sole discretion) an unreasonable or disproportionately large load on Hypertly’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures Hypertly may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
- Use the Website in good faith, and in compliance with all applicable local, provincial, national, and international laws.
In no way will Hypertly be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
Copyright and Intellectual Property Rights
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to Hypertly, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Hypertly, or as permitted by the functionality of the Website or these TOU or the Services Agreement (where applicable). Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Hypertly may take action accordingly.
If you choose to communicate to Hypertly suggestions for improvements to the Website or any product or service mentioned on the Website (collectively, “Feedback”), Hypertly shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Hypertly and waive in favor of Hypertly, its successors and assigns all your moral rights in the Feedback, and agree to provide Hypertly such assistance as Hypertly may require to document, perfect, and maintain Hypertly’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Hypertly, you are not entitled to any compensation or reimbursement of any kind from Hypertly under any circumstances.
Request for Videos
Hypertly may share, from time to time, requests for videos (“RFVs”) with duly registered members of Hypertly (“Members”), through the Website or via email. RFVs are invitations from Hypertly or its partners for Members to create original video content pursuant to a video brief and instructions provided by Hypertly on its Website (“Instructions”). RFVs may not be available to all Members and may be limited to certain Members or certain groups of Members only. Hyperlty may, in its sole discretion, offer cash or other valuable consideration to the winning Member(s) of a given RFV but also smaller consideration to participating Members who have not won the RFV, as further provided in the Instructions. Once videos have been submitted by Members pursuant to a RFV, Hypertly will select the winning Member(s) based on the Instructions applicable to such RFV and other criteria determined by Hypertly. All videos submitted pursuant to RFVs via the dubdub platform will be subject to its terms and conditions available at www.dubdub.com/policycenter, which are herein incorporated by reference. Members who have been paid by Hypertly or dubdub for a video submitted via a RFV shall not remove or make private such video from the dubdub platform without the prior written consent of Hypertly.
Interruption of Service
From time to time, the Website may be unavailable for brief periods of time for maintenance and/or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, Hypertly shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
Termination of the Website and the TOU
Hypertly may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that Hypertly shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from Hypertly’s termination of the Website or any part thereof.
Termination of the Website or your access to the Website shall terminate the present TOU as between you and Hypertly. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by Hypertly or third parties) or any activity arising from your use of the Website or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from (i) your use of the Website, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website, written or produced by Hypertly staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Hypertly shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website.
Hypertly expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Hypertly, and its directors, officers, employees, agents, suppliers, partners and subcontractors do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded therefrom will meet your requirements.
Limitation Of Liability
Hypertly shall not be liable and assumes no responsibility for any loss or damages arising from or in relating to the information on the Website or downloaded therefrom, the use of the Website, activities arising from your use of the Website, or any third party materials on the Website.
To the maximum extent permitted by law, in no event will Hypertly, its shareholders, officers, directors, employees, licensors, suppliers, subcontractors or agents: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or your use, misuse or inability to use the Website, even if Hypertly has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.
Notwithstanding anything to the contrary in the TOUs, in no event will Hypertly’s aggregate liability for any claims in connection with your use of the Website exceed the higher of (i) CAD$ 100 or (ii) the fees paid by you to Hypertly during the 12-month period preceding the event from which the liability arises.
Governing Laws and Jurisdiction
The use of the Website shall be governed by and construed in accordance with the laws of the Province of Ontario in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Hypertly shall be brought exclusively in the courts located in the Judicial District of Toronto (Ontario), Canada. The foregoing choice of jurisdiction and venue shall not prevent Hypertly from seeking injunctive relief with respect to a violation of intellectual property rights, enforcement or recognition of any award or order in any appropriate jurisdiction. You and Hypertly expressly disclaim applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods and any legislation implementing such Convention will not apply to these TOU nor to any dispute arising therefrom.
- Hypertly shall not be liable for any failure to perform its obligations under the present TOU or the Services Agreement (where applicable) where such failure results from any cause beyond Hypertly’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
© Hypertly, a division of dubdub Inc. 2017