Terms of Service
Updated: Oct 27th, 2023
IMPORTANT: PLEASE READ BEFORE USING THIS WEBSITE AND PLATFORM.
This website (the “Site”) is operated by SEARCHIE INC. (“Searchie”). Throughout the Site, the terms “we”, “us”, and “our” refer to Searchie, and the terms “you” and “your” refer to the user of this Site.
WHAT WE DO
In short, you upload video or audio content onto our servers and our service makes your videos searchable (the “Services”).
OWNERSHIP OF THIS SITE AND ITS CONTENT
This Site, including all its content, are protected under applicable intellectual property laws and other laws, including without limitation the laws of the Province of Ontario and the laws of Canada applicable therein. All content contained herein is the property of us pursuant to applicable intellectual property laws. The video or audio content that you upload onto our servers remains your property and you may remove or ask us to delete any such content at any time. If you terminate your account with us, we will delete all content that you have uploaded to our servers. If you pause or put your account with us on hold, we will keep all content that you have uploaded on our servers so that it remains on our servers for your use when your account is reactivated.
In consideration of our provision to you of access to this Site and to the Services, you agree that to the extent you provide personal or other information to the Site, it will be true, accurate, current, and complete in all respects, and that you will update all personal or other information from time to time, as necessary.
We reserve the right to refuse access to this Site and/or to our Services, to anyone for any reason and at any time, in our sole discretion. We reserve the right to, at any time and from time to time, modify or discontinue, either temporarily or permanently, your use of our Site and Services (or any part thereof), with or without notice to you.
In using this Site, you covenant not to transmit any viruses or worms of any nature and not to use this Site in an illegal manner or for any illegal purpose(s).
OVERAGES AND ADDITIONAL PRICING
For bandwidth and upload usage exceeding your plan’s averages, reference Overages and Additional Pricing Policy.
Users are subject to the provisions within their selected plan’s bandwidth and upload. Any additional resources may be subject to fees and pricing in addition to existing plan subscription fees.
Searchie does not increase upload limits without explicit consent from user account owners. Fees for such increases will only be applied at the request of the user. This applies to plans with defined and undefined limits.
We look to and will limit extreme use as there are variable costs that we accrue based on excess consumption for each account. That said, while rare, we reserve the right to constrain accounts utilizing more resources than is considered to be “average use.” Should additional bandwidth outside “average use” be a requirement please contact us at email@example.com.
REFERRAL LINKS AND AGREEMENTS
This Site may contain certain hyperlinks from time to time, which may be controlled by parties other than us. Such third-party hyperlinks may direct you to third party websites that are not controlled by or affiliated with us. You acknowledge and agree that we are not responsible for evaluating the content or accuracy of, and we do not represent or warrant and will have no liability or responsibility whatsoever for, any damages or losses of any nature arising from, or caused or contributed by, directly or indirectly, your use of any third party website, product or service. You acknowledge that you bear all associated risks regarding the access to and use of such third-party hyperlinks and you hereby release us from any loss or damage incurred from dealing with such third-party hyperlinks or websites.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT OR THE SERVICES, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT, AS APPLICABLE) ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE OR SERVICES WILL BE IN CONTINUOUS OPERATION AT ALL TIMES AND YOU EXPRESSLY ACKNOWLEDGE THIS.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, OR ANY HYPERLINKS CONTAINED HEREIN OR THEREIN, WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING BUT NOT LIMITED TO VIRUSES).
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES TOWARDS THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, CONTENT, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
WE MAY TRANSMIT CREDIT CARD INFORMATION TO THIRD PARTIES FOR CREDIT CARD PROCESSING. YOUR USE OF THIS SITE CONSTITUTES YOUR EXPRESS CONSENT TO ANY SUCH TRANSMISSION.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY DAMAGES, COSTS, LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA OR CONTENT; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY NATURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR FROM THE PROVISION OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT IN ALL CASES OUR LIABILITY FOR ANY DAMAGES, COSTS, LOSSES OR INJURY RELATING TO OR CAUSED OR CONTRIBUTED BY, DIRECTLY OR INDIRECTLY AND IN ANY MANNER WHATSOEVER, YOUR USE OF THIS SITE OR THE PROVISION OF THE SERVICES, IS STRICTLY LIMITED TO THE AMOUNT OF CONSIDERATION PAID BY YOU TO US, IF ANY, FOR THE USE OF THIS SITE AND/OR THE RECEIPT OF THE SERVICES.
We prioritize keeping our platform up and running smoothly for you and your audience members. We go above and beyond to achieve an average uptime of 99.99%, ensuring that the platform is available whenever you need it.
In the rare event of a service or security incident, Searchie has a comprehensive incident response plan in place. This plan outlines the responsibilities of our key personnel and establishes specific processes and procedures for effective incident resolution. We have a dedicated incident response team that is prepared to handle any incidents should they arise. This team takes care of everything from initial preparation and detection to analysis, remediation, and recovery.
To keep you informed during any major performance issues, outages, or incidents, our engineers will provide updates on the Searchie Status Page. This way, you'll always have the latest information about the situation at hand.
We take downtime and incident management seriously and we value your experience with Searchie. Rest assured that we're committed to delivering a reliable and secure platform for your needs. If you have any concerns or questions, feel free to reach out to us at firstname.lastname@example.org.
GOVERNING LAW, JURISDICTION AND VENUE
The obligations and liabilities set out herein shall survive indefinitely, for all purposes.