Terms of Service

Effective: January 16, 2024

Welcome!

Thank you for using ReLive!

These Terms of Service (“Terms”) are a binding legal agreement between you and 15447054 Canada Inc. dba ReLive that govern your right to use the websites, applications, and other offerings from ReLive (collectively, the “ReLive Platform”). When used in these Terms, “ReLive,” “we,” “us,” or “our” refers to 15447054 Canada Inc.

ReLive is a platform where users can relive treasured memories virtually. Users share photo and video footage (“Footage”) of events in their memory islands and our platform (the “ReLive Platform”) uses video metadata to arrange the videos chronologically. Users with access to islands can then rewatch their videos in a fresh and dynamic way (the “Services”).

Along with these Terms, we maintain a Privacy Policy that supplements these Terms, which describes our collection and use of personal data.

1. Who Can Use the Services

Our services are not directed to children under the age of 13, and you must confirm that you are 13 years or older to create an account and use the Services. If we have actual knowledge that you are under the age of 13 (or the minimum age at which a person may use the Services in your state, province, or country without parental consent, if greater), we will cease providing Services to you and delete your account and your data. By using the Services, you represent, warrant that:

• you can form a binding contract with ReLive;

• you must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing;

• you are not a convicted sex offender; and

• you will comply with these Terms.

If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).

2. Rights You Grant Us

When you use the ReLive Platform you may upload Footage and other content. When you do that, you retain whatever ownership rights in that Footage you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the settings you have selected.

For all content you submit to the ReLive Platform, you grant ReLive a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.

If you upload content that can be viewed by the public and is not restricted to a limited set of people, we call that content “Public Content.” You grant ReLive an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Public Content in any form and in any and all media or distribution methods, now known or later developed, for commercial and non-commercial purposes. This license applies to the separate video, image, sound recording, or musical compositions contained in your Public Content, as well as the name, image, likeness, and voice of anyone featured in Public Content that you create, upload, post, send, or appear in. This means, among other things, that you will not be entitled to any compensation if your content, videos, photos, sound recordings, musical compositions, name, image, likeness, or voice are used by us, users of the Services, or our business partners. All Public Content must be appropriate for people ages 13+.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms or any applicable laws. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Services.

Though we do not today, we and our third-party partners reserve the right to place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.

We love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in anything we develop based on such feedback or suggestions.

3. Privacy

Your privacy matters to us. You can learn how your information is handled when you use our Services by reading our Privacy Policy.

4. Content Moderation

The content on our Services is produced by users. Whether that content is shared publicly or restricted to a private audience, the content is the sole responsibility of the user or entity that submitted it. Although ReLive reserves the right to review, moderate, or remove all content that appears on the Services, we do not review all of it. So we cannot — and do not — guarantee that other users or the content they provide through the Services will comply with our Terms or any policy and/or guidelines we create in the future. 

Users can report content produced by others or others’ accounts for violation of our Terms, the law, or general standards of decency. 

If you have any complaints or concerns regarding our content moderation practices, you can make a complaint at [email protected].

Upon receiving a complaint, we will:

• ensure the complaint is reviewed in a timely, non-discriminatory, diligent and non-arbitrary manner;

• reverse our decision if we determine our initial assessment was incorrect; and

• inform you of our decision and of any possibilities for redress promptly.

5. Respecting ReLive’s Rights

You may not do, attempt to do, enable, or encourage anyone else to do, any of the following and doing so may result in us terminating or suspending your access to the Services:

• use branding, logos, icons, user interface elements, product or brand look and feel, designs, photographs, videos, or any other materials ReLive makes available via the Services;

• violate or infringe ReLive’s or any other third party’s copyrights, trademarks, or other intellectual property rights, including by using the Services to submit, display, post, create, or generate any infringing content;

• copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service’s intended functionality;

• create another account if we have already disabled your account, attempt to access the Services through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account, or a username;

• reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service;

• use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information;

• use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;

• use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;

• upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;

• attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;

• probe, scan, or test the vulnerability of our Services or any system or network;

• violate any applicable law or regulation in connection with your access to or use of the Services; or

• access or use the Services in any way not expressly permitted by these Terms or general standards of reasonable conduct.

6. Respecting Others' Rights

You may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. When you submit content to the Services, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services (including, if applicable, the right to make mechanical reproductions of the musical works embodied in any sound recordings, synchronize any compositions to any content, publicly perform any compositions or sound recordings, or any other applicable rights for any music that you include in your content) and grant the rights and licenses contained in these Terms for your content. You also agree that you will not use or attempt to use another user’s account except as permitted by ReLive or its affiliates.

ReLive honors copyright laws, including the Digital Millennium Copyright Act and takes reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If ReLive becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to suspend or terminate the user’s account. If you believe that anything on the Services infringes a copyright that you own or control, please report it to [email protected]. 

7. Safety

By using the Services, you agree that you will at all times comply with these Terms, and will not engage in conduct or share objectionable content that undermines the safety of the ReLive Platform (“Unsafe Conduct”). Unsafe Conduct includes but is not limited to bullying, sexual exploitation, pornography, harmful violent behavior, illegal activity, hateful and extremist activity, or any malicious or ultimately harmful conduct that we judge to undermine the safety of the ReLive Platform. 

We actively engage in content moderation to preserve a safe and welcoming environment on the ReLive Platform and to ensure that we maintain the absence of Unsafe Conduct. We have a dedicated moderation team, and provide accessible user reporting mechanisms within the app to identify and address inappropriate content. You can also report any violations of our safety and conduct standards by contacting us at [email protected]. We conduct regular audits to ensure the effectiveness of our moderation. 

We have a zero tolerance policy with regards to Unsafe Conduct. If you fail to comply, we reserve the right to remove any offending content; terminate or limit the visibility of your account, and retain data relating to your account in accordance with our data retention policies; and notify third parties — including law enforcement — and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.

8. Your Account

To use our Services, you need to create an account. You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure. If you think that someone has gained access to your account, please immediately reach out to [email protected]. You agree not to create any account if we have previously removed or banned you or your account from any of our Services, unless we consent otherwise.

9. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services. This includes data charges and charges for messaging, such as SMS, MMS, or other messaging protocols or technologies (collectively, “Messages”). If you’re unsure what those charges may be, you should ask your service provider before using the Services.

By providing us with your mobile phone number you agree, among other things, to receive Messages from ReLive related to the Services, including about promotions (where we have consent or as permitted by law), your account, and your relationship with ReLive. You agree that these Messages may be received even if your mobile phone number is registered on any state or federal Do Not Call list, or international equivalent.

If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.

10. Modifying the Services and These Terms

We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.

This also means we may need to update these Terms to reflect any changes to our Services or how we provide them, as well as to comply with legal requirements, or for other legal or security reasons. If those changes to these Terms are material we will provide you with reasonable advance notice (unless changes are required sooner, for example, as a result of a change in legal requirements or where we are launching new Services or features). If you continue to use the Services once the changes come into effect, we will take that as your acceptance.

11. Termination and Suspension

You can terminate these Terms at any time by deleting your ReLive account.

We may restrict, terminate, or temporarily suspend your access to the Services if you fail to comply with these Terms or the law, for reasons outside of our control, or for any other reason. That means that we may terminate these Terms, stop providing you with all or any part of the Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. And while we’ll try to give you reasonable notice beforehand, we can’t guarantee that notice will be possible in all circumstances.

Before we restrict, terminate or suspend your access to the Services, we will take into account all relevant facts and circumstances apparent from the information available to us, depending on the underlying reason for taking that action. For example, we consider the severity, frequency, and impact of the violations as well as the intention behind the violation. This will inform our decision whether to restrict, terminate or suspend your access to the Services and, in the event of suspension, how long we suspend your access.

Regardless of who terminates these Terms, both you and ReLive continue to be bound by Sections 2 and 4 - 17 of the Terms.

12. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless ReLive, our directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by ReLive, (b) your content, including infringement claims related to your content, (c) your breach of these Terms or any applicable law or regulation, or (d) your negligence or willful misconduct.

13. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY, (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS, OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES, OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 CAD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.

15. Governing Law and Venue.

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("Claim"), and you may resolve your claim in any competent court in that jurisdiction that has jurisdiction over the claim. In all other cases, you agree that the Claim will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without giving effect to any principles of conflicts of law). You and we both consent to venue and personal jurisdiction in Toronto, Ontario.

16. Severability

If any provision of these Terms is found unenforceable, then that provision will be removed from these Terms and not affect the validity and enforceability of any remaining provisions.

17. Miscellaneous

These Terms along with our Privacy Policy, make up the entire agreement between you and ReLive, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver of our rights to enforce these Terms. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you. 

18. Contact Us

ReLive welcomes comments, questions, concerns, or suggestions. Please contact us at [email protected].

15447054 Canada Inc. is located in Canada at 365 Saint-André, Montréal, Québéc H2L 0G2.