1. Description of Wantme
1.1 Wantme provides users with the ability to, amongst other things, take steps to verify the identity of individuals with whom they intend to have sexual activity and record each party’s consent to such sexual activity. Company may add or remove functionality or features of Wantme at any time. Company will only release any data pertaining to consent to sexual activity recorded through Wantme where compelled to do so by a competent government authority with the appropriate jurisdiction to compel such disclosure.
1.2 Wantme takes steps to validate and record consent for sexual activity in order to take measures towards complying with consent requirements in the jurisdiction in which you use Wantme (“Jurisdiction”). However, Company does not guarantee that the consent recorded is legally binding or admissible in the Jurisdiction or that the consent recorded by Wantme will constitute on-going consent in the Jurisdiction.
1.3 Wantme includes both paid and free functionality and you acknowledge that different parties may have access to different features based on the additional features purchased by each user. Additional information regarding paid features can be found at http://wantme.ca.
1.4 Unless additional value-added features are made available by Company and purchased by you, Wantme only records consent at the outset of sexual activity. You acknowledge that there may be a requirement in the Jurisdiction for each party to provide ongoing consent to sexual activity, and that without additional value-added features, Wantme only records initial consent.
2. User Requirements
2.1 You represent that you satisfy the following requirements:
(a) you are of the age of consent in the Jurisdiction;
(b) you are of the age and are capable of providing consent to imminent sexual activity with another user of Wantme; and
3.1 In order to use Wantme, you may be required to provide Company with certain information. You guarantee that the information you provide Company is complete, accurate and up-to-date and will keep such information current.
3.2 You are responsible for maintaining the confidentiality of any passwords and account identifiers, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Company of any unauthorized use of your password or account.
3.3 Upon registration, you will be required to submit, through Wantme, a photograph of valid photo identification in addition to a photograph of yourself. You guarantee that the photo identification does belong to you and that the photograph is an accurate representation of you.
3.4 Company will use reasonable commercial efforts to validate that the photo identification provided by you is valid.
4. Use and Termination of Wantme
4.1 You can stop using Wantme at any time. Company may also stop providing Wantme to you, or add or create new features to Wantme, at any time.
4.2 If you stop using Wantme for a period longer than 180 days, the Company may deem you to have terminated your use of Wantme. In such event, Company reserves the right to delete your profile and any data associated with your profile from its servers. If Company deletes your account for inactivity, you will no longer have access to your account, data or any consent recorded with Wantme.
5. Intellectual Property
5.1 You acknowledge that Wantme is protected by copyright, trademark and other proprietary rights and laws and that all intellectual property rights in and to Wantme are the sole property of Company or its licensors. Your use of Wantme does not give you any ownership in any Intellectual Property in or related to Wantme.
5.3 You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Wantme, any updates, or any part thereof.
6. User Conduct
6.1 You may use Wantme only for personal, non-commercial purposes.
6.2 You are responsible for ensuring that:
(a) you comply with all laws applicable to you with regards to your use of Wantme;
(c) you are not inducing the third party user, with whom you are exchanging consent for sexual activity, to consent to sexual activity by abusing a position of trust, power or authority and that the third party user:
i. is a real person who matches the photograph presented to you through Wantme;
ii. has not revoked or indicated that they would like to revoke consent to the sexual activity; and
iii. has the physical and mental capacity to consent to having imminent sexual activity with you, including consideration of such factors as the individual’s age and level of intoxication.
6.3 You agree not to use Wantme to:
(a) circumvent security measures or other measures within Wantme;
(b) publish, upload, post, email, transmit or otherwise make available any content that; (i) you do not have the right to make available; (ii) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (iii) infringes any intellectual property rights of any party; (iv) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (v) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
(c) defame, harass, abuse, stalk, threaten or violate the legal rights, including rights of privacy, of the Company or any third party;
(d) impersonate any person or entity, or falsely state or otherwise misrepresent your identity;
(e) manipulate identifiers on your mobile phone in order to disguise the origin, time or location of any content transmitted through Wantme;
(f) interfere with or disrupt Wantme;
(g) violate any applicable local, provincial or federal law and any regulations; or
(h) harvest, collect, or store personal information or data of third parties.
7. Messaging and Communication
7.1 Messaging Features: Some paid value-added features of Wantme may provide functionality that enables Wantme to send SMS messages, e-mails or make phone calls to you or on your behalf to third parties designated by you in advance. If you use such additional features, you authorize Company and/or Wantme to send SMS messages to you or on your behalf for the purpose of providing you with such value-added features.
7.2 Call Centers: Company may provide users with access to dedicated call centers. These call centers are provided to users for informational purposes only, and are not a replacement or alternative to contacting the relevant authorities where issues arise with regards to sexual activity. In the event of an emergency, please contact the relevant authorities in the Jurisdiction.
8.1 You are solely responsible for your interactions with other users of Wantme.
8.2 TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING , INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), EXCEPT FOR DIRECT DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE WANTME; (ii) VALUE ADDED FUNCTIONALITY PURCHASED OR OBTAINED THROUGH WANTME; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY’S LIABILITY FOR DIRECT DAMAGES TO YOU EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU TO COMPANY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH DIRECT DAMAGES OR $25 CANADIAN DOLLARS.
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF WANTME IS AT YOUR SOLE RISK. WANTME IS PROVIDED “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF WANTME. COMPANY DOES NOT GUARANTEE UNINTERRUPTED OPERATIONS OF WANTME.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF WANTME.
(b) All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
(c) Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
11.8. Contact: Any questions or complaints related to Wantme should be communicated to Company directly in accordance with the following contact information:
211 Consumers Road
North York, ON M2J4G8
12. iOS Specific Terms and Conditions: The following terms and conditions apply if you are using Wantme on an iOS device:
(a) Wantme and the content thereof;
(b) any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of Wantme to conform to any applicable warranty, however, you may notify Apple, and Apple will refund you the purchase price for Wantme. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Wantme;
(c) any third party claim that Wantme, or your possession and use of Wantme, infringes that third party’s intellectual property rights;
(d) providing any maintenance and support services with respect to Wantme; and
(e) addressing any claims, whether made by you or any third party, relating to Wantme or your possession and/or use of Wantme, including, but not limited to: (i) product liability claims; (ii) any claim that Wantme fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
12.2 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
12.4 The license granted to you in Section 5.2 above:
(a) is limited to your use of Wantme on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) (“iOS Devices”) that you own or control and you shall only use Wantme as permitted by the Usage Rules set forth in the Apple App Store Terms of Service;
(b) does not allow you to use Wantme on any iOS Device that you do not own or control, and except as provided in the Apple App Store Terms of Service, you may not distribute or make Wantme available over a network where it could be used by multiple devices at the same time;
(c) is limited such that you do not have the right to rent, lease, lend, sell, transfer, redistribute, or sublicense Wantme and, if you sell your iOS Device to a third party, you must remove Wantme from the iOS Device before doing so.