Terms of Use

Welcome to the Mobile App for the Women Deliver 2019 Conference (also known as WD2019).These Terms of Use govern your access and use of this application, and the content, information, and services performed or provided by or through it (collectively, the “App”). The App is made available by Women Deliver, Inc. (the “Organization”, “we” or “our”) only to the user (“you” or “your”) under these Terms of Use and in accordance with the Privacy Policy available here( together, the “Agreement”). You may visit or use the App only on the condition that you agree to abide by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not access or use the App.

You represent and warrant that you are of legal age in the jurisdiction in which you reside and are able and competent to enter into this Agreement and to abide by and comply with its terms, and if not, that you have obtained the consent of your parent or legal guardian to do so.

1. Accessing and Using the App

Subject to the terms of this Agreement, the Organization hereby grants to you a non-exclusive, limited, non-transferable, non-sublicensable license to download and use the App on your device for non-commercial purposes in connection with the Women Deliver 2019 Conference.

You must not, and you must not request or authorize another person to:

(i) engage in any activities through or in connection with the App that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third party;

(ii) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any source or object code or any software or other products, services, or processes accessible through any portion of the App;

(iii) engage in any activity that interferes with a user’s access to the App or the proper operation of the App, or otherwise causes harm to the App, the Organization, a third party or other users of the App;

(iv) interfere with or circumvent any security feature of the App or any feature that restricts or enforces limitations on use of or access to the App;

(v) attempt to gain unauthorized access to the App, computer systems or networks connected to the App, through hacking, password mining, or any other means and from engaging in activities that are not in compliance with applicable law;

(vi) harvest or otherwise collect or store any information of third parties (including personal information about other users of the App, without the express consent of such users);

(vii) use the App or any data obtained through the App for the purpose of engaging in any commercial activity or to send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam or other commercial electronic messages through the App; or

(viii) otherwise violate this Agreement.

We will delete or request removal of accounts, at our discretion and without liability, for unacceptable or prohibited use. We may choose not to give notice or explanation. We also reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.

We reserve the right to amend or withdraw the App at any time, without notice. The Organization is not liable if for any reason the App is unavailable at any time for any period. You are responsible for making all arrangements necessary for you to have access to the App.

2. Privacy

We will use any personal information that we may collect or obtain in connection with the App in accordance with our Privacy Policy, which is available here. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

3. Account

In order to use certain features of the App, you may be required to register to create an account. If you do create an account, you represent and warrant that you are authorized to provide all the information you provide upon registration for your account. Further, you must provide accurate, current and truthful information. You are responsible for all activities occurring under your account and for keeping your password and other account information confidential. You are responsible for putting in place and observing all safety measures that may be necessary to protect your personal well-being and property and to prevent unauthorized access, misuse of account information and/or passwords, or misuse of any other information. The Organization is not liable to you for any unauthorized access or misuse of the App or your account.

4. Intellectual Property

4.1.Content and Marks.The (i) content on the App, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content“), and (ii) the trademarks, service marks and logos contained therein, are the property of the Organization and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. All trademarks, service marks, and logos used on the App are the trademarks, service marks, or logos of their respective owners. The Organization reserves all rights not expressly granted in and to the App and the Content.

4.2.Use of Content. The Content and the App are provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.

5. User Content

5.1.Responsibility.The App may permit the submission, hosting, sharing and publishing of Content by you and other users, including, without limitation, conference notes and messages (“User Content“), to the extent you enable such features on the App. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any User Content. You are solely responsible for your User Content and the consequences of posting, publishing or uploading User Content. We reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, delete, and/or remove any and all Content posted on the Site (including User Content) at any time and for any reason.

5.2.Ownership.You represent and warrant that you own or have the necessary rights and permissions to use and post, and authorize the Organization to use, all intellectual property rights in and to your User Content, and to enable inclusion and use thereof as contemplated by the App and this Agreement. You retain all of your ownership rights in and to your User Content.

5.3.License to User Content.By submitting, hosting, sharing or publishing User Content on the App, you hereby grant the Organization a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, modify, display, and perform the User Content in connection with the App and the conduct of the Women Deliver 2019 Conference, including without limitation for publishing and redistributing part or all of your User Content (and modifications thereof) to the extent you enable such features on the App.

5.4.Prohibited Content.You agree that you will not display, post, submit, publish, upload or transmit a User Content that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.

5.5.Exposure.You understand and acknowledge that when accessing and using the App: (i) you may be exposed to User Content from a variety of sources, and that the Organization is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Content; and (ii) you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against the Organization with respect to (i) and (ii) herein.

6. Communications with Third Parties

The App may allow you to communicate with other users of the App or other third parties (in both cases, a “Third Party”). Any communications with a Third Party is between you and this Third Party, and the Organization is not responsible for the content of these communications and expressly disclaims any responsibility or liability for any claims, losses or damages that may arise as a result of such communications or failure of communications.

The Organization reserves the right, but has no obligation, to become involved in any way with any dispute between you and another party arising out of or that is in connection with the App. The Organization is not responsible for the conduct, whether online or offline, of any user of the App.

7. Links

Any links or references to third party information are provided solely as a convenience to you. These links do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or references or the activities of the people, organizations, and/or businesses responsible. When you use a link to go from the App to another website, application or service, your browsing and interaction is subject to that website, application or service’s own rules and policies, not those of the Organization. The Organization shall have no liability to you for any content that you may find to be offensive, indecent, or objectionable.

8. Disclaimer

The content of the App is provided for information purposes only.  To the fullest extent permitted by applicable law, the Organization does not give any express or implied warranties or conditions and makes no representations in relation to the App.  In particular, while reasonable care is taken in its preparation, the Organization does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on the App or its usefulness in achieving any purpose. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.

In addition, to the fullest extent permitted by law, the Organization does not warrant that the App is free from any viruses or other defects or that your access to the App will be continuous or uninterrupted. The Organization accepts no liability arising from your access to or use of the App.

THE APP AND ALL CONTENT PROVIDED THROUGH THE APP ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ORGANIZATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ORGANIZATION DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED.

9. Limitation Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ORGANIZATION BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, AND EVEN IF THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnity

You agree to defend, indemnify and hold harmless the Organization and its affiliates, and its respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App; (ii) your User Content; (iii) your interaction with any users of the App; or (iv) your violation of this Agreement.

11. Updates

From time to time, the Organization will provide updates to the App. The terms of this Agreement will govern any update to the App provided by the Organization, unless such update is accompanied by a separate set of terms in which case such terms will govern.

Some updates to the App may be optional or require some action on your part, for example when you must download and install an update to an App.  If you do not complete the installation of the update, the App may not function properly or at all. The Organization will not be responsible for any problem caused by your failure to complete the timely installation of any update.

Subject to application law, the Organization reserves the right to modify or amend this Agreement from time to time. Your continued use of the App once the changes take effect shall constitute an affirmative acknowledgement of any modification and your continued agreement to be bound by the modified Agreement.

12. Governing law

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, without reference to conflict of laws provisions, and the laws of Canada applicable therein.

13. Suspension and Termination

This Agreement is effective until terminated. The Organization may, in its discretion, immediately terminate this Agreement and/or suspend your access to all or part of the App at any time for any reason. In addition, your rights under this Agreement will terminate automatically without notice from the Organization if you fail to comply with any terms of this Agreement. Upon termination of this Agreement, you must cease all use of the App.

14. General

This Agreement constitutes the entire agreement between you and the Organization with respect to your use of the App. The Organization’s failure to enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by you except with the Organization’s prior written consent.

 

Last Updated On: April 17, 2019