This document comprises the Terms of Service (the “Terms” for short) governing your use of all existing variants (i.e., iOS, Android, web-app, desktop) of the Passionfruit app (“Passionfruit” for short), as well as websites, events, and other services operated by Passionfruit Inc. For simplicity, all of these services operated by Passionfruit Inc. are collectively referred to as our “services” in the Terms. We’ve added links to the Terms on all applicable services.

  1. WHO WE ARE
  2. ELIGIBILITY
  3. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT
  4. YOUR ACCOUNT
  5. MODIFYING OUR SERVICES AND TERMINATION
  6. YOUR SAFETY AND INTERACTIONS WITH OTHER USERS
  7. RIGHTS YOU GRANT US
  8. COMMUNITY RULES
  9. OTHER USERS’ CONTENT
  10. DISCLAIMERS
  11. THIRD PARTY SERVICES
  12. LIMITATIONS OF LIABILITY
  13. GOVERNING LAW
  14. VENUE
  15. INDEMNITY BY YOU
  16. ENTIRE AGREEMENT; OTHER
  17. HOW TO CONTACT US
  18. EFFECTIVE DATE

 

1. WHO WE ARE

Should you use the services Passionfruit Inc. provides, the Terms constitute an agreement between you and:

Passionfruit Inc.
188 Bonis Ave
Unit 103
Toronto, ON M1T 3W1
Canada

In the Terms, Passionfruit Inc. may be referenced as “we,” “us,” or “our”.

 

2. ELIGIBILITY

You must be at least 16 years old to use Passionfruit. If you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf. Furthermore, by creating an account and using Passionfruit, you (or your parent or guardian, if you do not have the authority to) represent and warrant that:

  • you can form a binding contract with us
  • you are not prohibited from receiving any aspect of our services under the laws of Canada or any other applicable jurisdiction
  • you will comply with this Agreement and all applicable local, provincial, national, and international laws, rules, and regulations
  • You must not be prohibited from receiving any aspect of our services under applicable laws
  • We must not have previously disabled your account for violation of law or any of our policies

 

3. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT

By creating a Passionfruit account, using Passionfruit, or using any of our services, you agree to be bound by (a) these Terms and (b) our Privacy Policy (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, you should not use our services.

We may make changes to this Agreement and to our services from time to time. The most recent version of this Agreement will be posted on passionfruit.me and can also be accessed on Passionfruit under the settings tab (scroll down when on the settings tab). You should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through our services or via email. If you continue to use our services after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements, and shall govern your entire relationship with us, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

 

4. YOUR ACCOUNT

In order to use Passionfruit, you must sign in using your Facebook login.  If you do so, you authorize us to access and use certain Facebook account information. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Passionfruit, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact help@passionfruit.me.

We may investigate and take any available legal action in response to illegal and/or unauthorized uses of our services, including termination of your account.

 

5. MODIFYING OUR SERVICES AND TERMINATION

We may add new features or enhancements to our services from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. Passionfruit may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions.

We may suspend our services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

We may terminate your account at any time without notice if we believe that you have violated this Agreement. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and us: Sections 5-6 and 10-16.

 

6. YOUR SAFETY AND INTERACTIONS WITH OTHER USERS

We are not responsible for the conduct of any user on or off of Passionfruit. You agree to use caution in all interactions with other users, particularly if you decide to communicate off Passionfruit or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

You are solely responsible for your interactions with other users. You understand that we do not conduct criminal background checks on users of Passionfruit or otherwise inquire into their backgrounds. We make no representations or warranties as to the conduct of users of Passionfruit.

 

7. RIGHTS YOU GRANT US

By creating an account, you grant us a irrevocable, perpetual, sub-licensable, transferable, assignable, royalty-free, and global license and right to (in any way now known or in the future discovered) adapt, analyze, commercialize, copy, display, distribute, edit, host, modify, process, publish, reproduce, store, use, and prepare derivative works of information you authorize us to access from Facebook and information you post on Passionfruit or transmit to other users (collectively, “Content”). Our license to your Content shall be non-exclusive except with respect to derivative works created through the use of Passionfruit. For example, we would have an exclusive license to screenshots of Passionfruit that include your Content. In addition, so that we can prevent the use of your Content outside of our services, you authorize us to act on your behalf with respect to infringing uses of your Content taken from our services by other users or third parties.

Our license to your Content is subject to your rights under applicable law and is for the limited purposes of operating, developing, and improving our services (this includes research and development towards expanding the scope of our services).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on Passionfruit and grant the license to us above.

You agree that your Content may be viewed by other Passionfruit users, such as when you communicate with other Passionfruit users or they see your profile on Passionfruit.

You understand and agree that we may monitor or review any Content you post. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of our services.

By submitting suggestions or feedback to us regarding our services, you agree that we may use and share such feedback for any purpose and without compensating you.

You agree that we may access, preserve, or disclose your account information and Content if required to do so by law or to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or safety of any person.

 

8. COMMUNITY RULES

By using our services, you agree that you will not:

  • use our services to do anything illegal
  • publicly broadcast your private information (this includes social insurance/security numbers, financial accounts, passports, driver licenses, passwords, phone numbers, and email and physical work/home addresses) or that of any other person
  • spam, solicit money from, or defraud other Passionfruit users
  • solicit Passionfruit users’ passwords for any purpose, or personal identifying information for commercial or unlawful purposes
  • solicit other Passionfruit users with the intent to conduct research
  • promote, advertise, or advocate for commercial services, events, non-profits, political campaigns, or contests on our services
  • disseminate a Passionfruit user’s personal information without that user’s permission
  • impersonate, or otherwise misrepresent affiliation, connection, or association with any person or entity (this includes parody, catfish, and fake accounts)
  • stalk, harass, threaten, intimidate, defame, assault, or perform any act of violence on any person
  • threaten, incite, or advocate for violence of any sort, including threatening or promoting terrorism
  • promote, advocate for, or condone racism, bigotry, hatred, violence, or physical, emotional, or mental harm against any group or individual
  • promote, advocate for, encourage, or glorify suicide or self-harm
  • use another user’s account or allow others to use your account (Passionfruit accounts cannot have multiple owners)
  • create or maintain multiple Passionfruit accounts
  • create another account if we have already terminated your account, unless you have our permission
  • use any automated system that accesses Passionfruit in a manner that sends more messages, requests, information, or content in a given period of time than can be reasonably performed by a human being
  • probe, scan, test the vulnerability of, or breach any security or authentication measures of Passionfruit
  • violate or infringe anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through our services
  • express or imply that any statements you make are endorsed by us
  • encourage or promote any activity that violates this Agreement

We reserve the right to investigate and terminate your account if you have violated this Agreement, misused Passionfruit (in contravention of the Community Rules established above), or behaved in a way that we consider inappropriate or unlawful, including actions or communications that occur on or off our services.

 

9. OTHER USERS’ CONTENT

Although we reserve the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and we cannot guarantee that all Content will comply with this Agreement. If you see Content on Passionfruit that violates this Agreement, please report it to help@passionfruit.me.

If you believe your work has been copied, posted, or otherwise transmitted using our services in a way that constitutes copyright infringement, please provide the following information to the designated agent listed below:

  1. a description of the copyrighted work that you claim has been infringed;
  2. a sufficient description of where the infringing material can be located on our services to enable us to find and remove it;
  3. sufficient information to contact you, such as your mailing address, telephone number, and email address;
  4. your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the information you have provided above is accurate and that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed; and
  6. an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed

The designated agent for claims of copyright infringement may be reached at:

Passionfruit Inc.
Attn: Paul Tiange Deng
188 Bonis Ave
Unit 103
Toronto, ON M1T 3W1
Canada

 

10. DISCLAIMERS

Our services are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, we disclaim all warranties of any kind for our services (including all content contained therein), whether express, implied, statutory, or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, and non-infringement. We do not represent or warrant that (a) any content or information you obtain on or through our services will be accurate; (b) our services will be secure, uninterrupted, or error-free; or (c) any defects or errors in our services will be corrected.

We take no responsibility for any content that you, another user, or third party posts, sends, or receives through Passionfruit. Any material downloaded or otherwise obtained through the use of our services is accessed at your own risk and discretion. We furthermore disclaim and take no responsibility for any conduct of you or any other user, on or off Passionfruit.

 

11. THIRD PARTY SERVICES

Our services may contain links to other websites or resources. We are not responsible for the availability or lack of availability of such external websites or resources. If you choose to interact with the third parties made available through our services, such parties’ terms will govern their relationships with you. We are not responsible or liable for such third parties’ terms, content, products, services, advertisements, or actions, or for any action you may take as a result of linking to such websites or resources.

 

12. LIMITATIONS OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall we, our affiliates, employees, licensors, or service providers be liable for any direct, indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, 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 our services; (b) the conduct or content of other users or third parties on, through, or following use of our services; and (c) unauthorized access, use, or alteration of your Content.

The limitation of liability provisions set forth in this section (12) shall apply even if your remedies under this Agreement fail with respect to their essential purpose, even if we had been advised at any time of the possibility of any such damages, regardless of the ground upon which liability is based (whether default, breach of contract, tort – including negligence, proprietary rights infringement, product liability, statute, or otherwise), irrespective of the type of breach of obligations, and with respect to all events, our services, and this Agreement.

 

13. GOVERNING LAW

The laws of Ontario, Canada, without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, our services, or your relationship with us. Your access to our services and these Terms are governed and interpreted by the laws of Ontario, other than such laws, rules, regulations, and case law that would result in the application of the laws of a jurisdiction other than Ontario. You agree that you will not file or participate in a class action against us.

 

14. VENUE

Except for claims that may be properly brought in a small claims court of competent jurisdiction in the municipality (or county, etc. as applicable) in which you reside or in Toronto, Ontario, all claims arising out of or relating to this Agreement, to our services, or to your relationship with us that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or provincial courts of Ontario, Canada. You and we consent to the exercise of personal jurisdiction of courts in Ontario and waive any claim that such courts constitute an inconvenient forum.

 

15. INDEMNITY BY YOU

You agree, to the extent permitted under applicable law, to indemnify, defend, release, and hold harmless us, our affiliates, contractors, licensors, partners, and our and their respective agents, directors, employees, and officers from and against all claims, complaints, costs, damages, demands, liabilities, losses, and expenses, including legal fees, due to, arising out of, or relating in any way to your access to or use of our services, your Content, or your breach of this Agreement.

 

16. ENTIRE AGREEMENT; OTHER

This Agreement contains the entire agreement between you and us regarding your relationship with us and the use of our services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

We grant you a personal, non-assignable, non-transferable, non-exclusive, royalty-free, global, and revocable license to access and use our services without the right to sublicense. To use Passionfruit, you must have a compatible mobile device. We do not warrant that Passionfruit will be compatible with your device(s).

You agree that your Passionfruit account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, fiduciary, joint venture, partnership, or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of us or bind us in any manner.

When you use Passionfruit, the “Contact Us” form on our website, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on Passionfruit. You agree that all notices, disclosures, and other communications that we provide to you electronically, including those provided via Passionfruit, satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.

You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

 

17. HOW TO CONTACT US

If you have questions or suggestions about these Terms, don’t hesitate to reach out to us. Here’s how:

By email: help@passionfruit.me

By post:  Passionfruit Inc.
                188 Bonis Ave
                Unit 103
                Toronto, ON M1T 3W1
                Canada

 

18. EFFECTIVE DATE

These Terms of Service were last updated on 10 November 2018.