Terms of Service
The following terms and conditions (these “Terms of Service” or “Terms”), govern your access to and use of https://www.gamesfree.ca and mobile applications (the “Platform”), including any content, functionality and services offered on or through the Platform, 8860319 Canada Inc, having its registered address at CP 34011 Sherbrooke, Qc, Canada J1K3C5 (the “Company” “we” “us”).
Please read the Terms carefully before using our Service. This is an agreement between you and Company. By accessing or using the Service, you acknowledge that you have read, understood and agreed to these Terms. Our Privacy Policy (the “Privacy Policy”) explains our collection, use, transmission and disclosure of your personal information provided by or collected from you. By agreeing to be bound by these Terms, you are also agreeing that you have read and understood the collection, use, transmission and disclosure of your personal information or data as described in the Privacy Policy (and as amended from time to time). You should review the Privacy Policy before using the Service.
If you do not agree to these Terms, you may not access or use the Platform. We may update and modify the Terms from time to time. Your continued use of the Platform means that you have accepted those modifications.
The Platform is a web-based communications platform which enables connections between Users. You acknowledge and agree that Company is not a party to any relationship or agreement between you and another user, and that any such relationship is between the users only. You also acknowledge and agree that at all times, it is your responsibility and not Company’s responsibility, which is disclaimed to the maximum extent of the law, to be familiar with, to abide by and to comply with all relevant federal, state, local, and international laws, rules and regulations that may apply to any works or to any relationship between users.
Users also acknowledge and agree that they are users of the Company only, and that they are not Company employees, joint venturers, partners, or agents whatsoever. Company does not have the right to control and does not control Users, or the relationships between them or the subject matter of such relationships. While Company may help facilitate disputes, We have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any work arranged between Users, (ii) the truth, accuracy or suitability of any description or any other aspect referred to by Users on Company, (iii) the performance or conduct of any User or third party or (iv) the legality or compliance with laws, rules, regulations, orders and decisions that may be applicable to any relationship between Users or the subject matter thereof. While we may provide information that may be helpful in assisting you to evaluate another User, and their status in the Company community, Company does not endorse any particular User.
To access our services, You will need to validly register for an account and to become a User with verified phone and email. As indicated above, by doing so, You represent and warrant that you are over the age of majority in your jurisdiction and are capable of entering into legally binding agreements in the relevant jurisdiction(s). You also represent and warrant that You will comply with any and all applicable import and export control laws or customs laws in Your local jurisdiction.
To create a User account, You must create a password-protected account (“Account”). You may register for an Account using Your email and creating a password, or by using your existing third party networking accounts that are enabled by Company now or in the future such as Google, or Facebook, Twitter or others (“Third Party Networks”), if any. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Company, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Company Account password and other information, if applicable to a Third Party Network, and You are solely responsible for all activity that occurs on or through your Account or Third Party Network created account and that You will immediately inform Company of any suspected unauthorized use. Company is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to Company or third parties due to unauthorized use of Your Account.
You acknowledge and agree that, as permitted by applicable laws, Company may in its sole discretion, but is not obligated to, obtain reports from consumer reporting agencies or otherwise review publicly available information about Users, including sexual offender registration lists or databases compiling information about criminal convictions relating to, without limitation, crimes of violence, theft, burglary, conspiracy, abuse, neglect, fraud, dishonesty, perjury, forgery, embezzlement, cyber crimes, identity theft, drug related offense, obstruction, organized crime, prostitution, warrant violations, weapons offenses and crimes which endanger the life or property of others. By accessing or using the Company, You authorize us to use Your personal information (including name, address, date of birth or other identifying information) to obtain these reports and agree that we may, in our sole discretion suspend, cancel, block, restrict or terminate Your access to the Company based upon Our evaluation of such reports, again in our sole discretion. If we undertake an effort to verify Your background through these or other methods (which we are not obligated to do under these Terms), and choose to identify you as “Verified,” such a notation shall mean nothing other than that You completed a verification or identification process and shall not constitute an endorsement of You or any other User to the public or to any User.
By creating an Account, and becoming a User, You agree that the We may send you text (SMS) messages and One-Time Password (OTP) as part of the normal business operation of Your use of the Company. Such uses include without limitation, to provide You with information you requested from Company or its Users, to let you know about features, functions, improvements or changes to the Platform, to facilitate Your identification of desired Users, or other aspects of your Account.
These text (SMS) messages may be automated or non-automated, and while Company does not charge You to send or receive such messages, message and data rates may still apply by your carrier or other provider. You may opt-out of receiving text (SMS) messages from Us at any time by contacting our Support team. You acknowledge that opting out of receiving text (SMS) messages may impact Your use of and ability to fully use the Company.
Without limitation, the Platform may not be used for any of the following purposes:
While using the Platform, you may not:
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Company will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
Company may suspend your right to use the Platform pending its investigation of a potential breach by you of this Agreement. Company may deactivate your account or limit your use of the Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). Company will provide you with written notice of its determination.
Even after your right to use the Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Company reserves the right to take appropriate legal action pursuant to the Agreement.
Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Platform at its sole discretion. Company will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Company shall not be liable to you for any modification or discontinuance of all or any portion of the Platform. Company has the right to restrict anyone from completing registration as an Amigo if such person may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Platform.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content created wholly by You or third parties and that is not created in whole or part by Us (“User Generated Content”), which may include but is not limited to profile information, and similar content. By making available User Generated Content to Us, You grant to Company an irrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid up license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view and otherwise exploit (by means now known or to be developed in the future) the User Generated Content on the Company and for any other purpose in our sole discretion, except that private messaging through the Company will not be used by Company in public advertising. The license granted by You to Company will survive termination of these Terms and shall survive termination of the Company, if any, or termination of Your Account. Company does not claim any ownership interest or rights in Your User Generated Content and nothing in these Terms shall be deemed to restrict rights You may have in Your User Generated Content. You acknowledge and agree that Company has no role in the creation, either in whole or in part, of User Generated Content you provide to Company or to the Company and that You alone are solely responsible for all User Generated Content that You make available, including without limitation Requests, Offers and Acceptances, and the information that may be contained therein. You thus represent, warrant and agree that (i) you either own or have all necessary rights, licenses, consent and releases necessary to grant Company the rights in User Generated Content under these Terms; (ii) neither the User Generated Content nor your posting, uploading, publication, submission or transmittal of User Generated Content or Company’s use of Your User Generated Content (in whole or part infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order. You acknowledge and agree that Company may exercise any traditional editorial function as to User Generated Content including but not limited to proofreading, editing, summarizing, digesting or other editing without becoming the author of such content, and that it remains Your sole responsibility to monitor your User Generated Content and to guarantee that any such edited User Generated Content is accurate and consistent with your representations, warranties and agreements in these Terms.
We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the Company or to User Generated Content that We consider to be a violation of these Terms, Company policies and procedures, We consider harmful to the Company, to Company or to any other User or third party or which We consider to be otherwise objectionable or for any other reason.
Company respects the personal and other rights of others, and expects Users to do the same. Company is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
There are third party links provided for your convenience on the Platform. These websites are provided mainly for your assistance. You understand and agree that we are not accountable or liable for the availability, accuracy, content or policies of third party website or resources. Unless otherwise indicated by us, links to such website or resources do not imply any endorsement by or affiliation with Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
We review our Platform periodically for broken and out-of-date links and we have the right to revise, remove or post links at any time. However, situations which are not controlled by us include links to external websites. These third party links may expire over time. If you would like to report problems with links on our Platform, please send an email to [Email].
The Platform and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the https://www.gamesfree.ca domain name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel.” The entire Content of our Platform is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Platform or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Platform, if you are caught violating this intellectual property policy.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON "AS IS" BASIS.
IN PARTICULAR, COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.
COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY PROVIDES THE SERVICES ON "AS IS" BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. COMPANY AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. COMPANY SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL COMPANY ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Use, or any use by you of the Platform. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
We are continually changing and improving the Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or the entire Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Platform, or any other aspect of the relationship between Company and You. You should look at the Terms regularly.
If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use pages of our Platform, send you a message or otherwise attempt to notify you. Amendments are effective no sooner than thirty (30) days after we post them on the Platform for existing Users and immediately for all the new Users joining and accepting the terms after and on the day these are amendments are posted, unless we notify You otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but Your only recourse is to stop using or accessing the Platform.
The parties to this Agreement are not joint venturers, partners, agents, nor representatives of each other, and such parties have no legal relationship other than as contracting parties to this Agreement.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
These Terms, and Your relationship with Company under these Terms, shall be governed by the laws of the Province of Quebec, shall be applicable and Courts in Quebec shall have jurisdiction.
You agree that if a dispute arises between You and Company, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties, and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result, the parties shall compulsorily refer the dispute to arbitration, with the arbitral panel consisting of three arbitrators; one arbitrator is chosen by each party and the third being jointly appointed by the two chosen arbitrators.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Company may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to Company’s Platform must commence within one (1) year after the cause of action arose.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Company may freely assign these Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.
