Welcome!
We’re glad you’re here. These Terms of Service (“Terms”) govern our relationship with you as a user of Forager.world’s products and services, including our iOS and Android apps and our website (together, we refer to these as our “Products”). By using our Products, you agree to be bound by these Terms and acknowledge that you have read our Privacy Policy.
1. Using Forager.world
You may use our Products only if you can form a binding contract with Forager.world and only in compliance with these Terms and all applicable laws. You are not permitted to use our Products if you are under the age of lawful consent under the laws of your country of residence.
If you open a Forager.world account, you must provide us with accurate and complete information to allow us to create, verify, and maintain your account. We may also allow you to use our Products to a limited extent without opening an account, We will only allow you to do so if you agree to our Terms like any other user must; all provisions of our Terms, our Privacy Policy apply to you the same as they do for any other user.
Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable and revocable license to use our Products. If you are using the Products 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).
Some of our Products may consist of software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to all upgrades.
By providing your mobile telephone number or email address, you agree that we may communicate with you via text messages or other electronic means to your mobile device, provided that we obtain your consent where we are legally required to do so. In the event you change or deactivate your mobile telephone number or email address, you agree to promptly update your Forager.world account information to ensure that your messages are not sent to the wrong person. You can opt out of certain types of communications via your account settings.
We can collect personal data of minors under 18, who in any case are of age under applicable privacy law (i.e. we only collect data of minors aged 16). All users under 18 are defaulted into a protected profile.
2. Your Content
Our Products allow you and others around the world to interact with the natural environment and each other in real time, and to share locations of various natural elements. They also allow you to post content, including visual images, text, and symbols. Anything you post, or make available in our Products is referred to as “User
Content.” User Content may include personal information you provide us (such as Account Information and Biographical Information) and personal information we get when you use our Products (such as Usage and Activity Information and Conversations), as described in our Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use our Products.
A. Your rights and responsibilities
Forager.world is a place for people to find interesting new things around the world. 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 unauthorized access to your account, please advise us immediately.
You retain all ownership rights in the User Content you contribute to Forager.world. But you also give us legal permission to use that content, as explained in the next section.
B. How Forager.world and others can use your content
You grant Forager.world and its users a perpetual, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide license to use, store, display, reproduce, save, modify, create derivative works, publicly perform, and distribute your User Content for the purposes of using, operating, developing, providing, promoting, and improving our Products in any media formats or channels. Nothing in these Terms restricts other legal rights Forager.world or its users may have to User Content, for example under other licenses, express or implied. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms, our Community Guidelines, or other policies.
We call User Content that is made available to anyone using our Products “Public Content.” This includes any content available to anyone on Forager.world. You grant Forager.world, its users, and its business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, publicly perform, and publicly display your Public Content in any form and in any media. When you create public content on Forager.world you grant its users, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to use your name, likeness, for commercial and non-commercial purposes.
You represent and warrant to us that the User Content you contribute to Forager.world is either not subject to copyright or any other proprietary rights or that you have all necessary permissions, clearances, and authorizations to contribute the User Content to Forager.world and to grant us all of the rights that you grant to us under these Terms.
We have no obligation to edit or control User Content that is contributed to our Products. While we’re not required to do so, we may access, review, screen, and delete your User Content at any time and for any reason, including to provide and develop our Products or if we think your User Content violates these Terms or other policies.
C. Feedback you provide
We always love to hear from our users, but you are not required to provide us with feedback. If you do provide feedback or suggestions to us, we may use your feedback and suggestions without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or other items that we develop based on your feedback or suggestions.
3. Respect For Other People’s Legal Rights
Forager.world respects the intellectual property rights of others and we expect our users to do the same. You may not use our Products in a way that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
A. Repeat infringer policy
It’s our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights. In keeping with the Digital Millennium Copyright Act, we’ll respond quickly to claims of copyright infringement on Forager.world that are reported to our designated copyright agent, identified below.
4. Trust and Safety
We try hard to make sure Forager.world is a safe place for all users, and we expect you to do the same. By using our Products, you agree that you will comply with these Terms, and any other policies Forager.world makes available in order to maintain the safety of our Products. We reserve the right to remove any content from our Products for any reason, or to limit its availability. We likewise reserve the right to terminate or suspend your account, or limit its availability, for any reason.
A. Zero Tolerance for Objectionable and Abusive Content
Forager.world has a zero-tolerance policy for objectionable content and abusive users. Any objectionable content will be removed from the platform, and users’ access to the platform will be revoked for those who violate this policy.
5. Third-Party Links And Services
Our Products may contain links to third-party websites, services, special offers or other events or activities that are not owned or controlled by Forager.world. We do not endorse or assume any responsibility for any third-party sites, information, materials, products or services. If you access any third-party website, service or content from our Products, you do so at your own risk and you agree that Forager.world will have no liability arising from your use of or access to any third-party website, service or content.
6. Modification And Termination Of The Products
We’re improving our Products and creating new ones all the time. That means we may add or remove features, products, or functions of our Products, and we may also suspend or stop providing our Products. 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.
Forager.world may terminate or suspend this license and your access to our Products at any time, with or without cause or notice to you. Forager.world may also limit your use of specific features in our Products with or without cause or notice to you. While we’ll try to give you reasonable notice beforehand, we can’t guarantee that will be possible in all circumstances. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
You can terminate these Terms at any time and for any reason by deleting your Forager.world account. If you violate any provision of these Terms or our Community Guidelines, your authorization to access our Products terminates automatically.
Regardless of who terminates these Terms, both you and Forager.world continue to be bound by Sections 2, and 7-9 of the Terms notwithstanding termination.
6. Indemnity
You agree, to the maximum extent permitted by law, to indemnify, defend, and hold harmless Forager.world and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), relating to (a) your access to or use of our Products, (b) your User Content, (c) any dispute between you and any third party, or (d) your breach of any of these Terms. Forager.world may assume the exclusive control and defense of any matter for which you have a duty to indemnify Forager.world and, if we do, you agree to cooperate with our defense of those claims.
7. Disclaimers
Our Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
Forager.world SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Forager.world takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. Forager.world does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
8. Limitations Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Forager.world WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE 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 PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
EXCEPT AS PROVIDED IN SECTION 13, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Forager.world’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED CAD DOLLARS (CAD $100.00).
9. Important Notes
Changes and Notifications
We may revise these Terms from time to time and the most current version will always be available on our website and via our apps. We may require you to accept the revised version of these Terms in order to continue to use our Products. If you do not agree to the new Terms, please stop using our Products. Except as described in this paragraph, these Terms can only be amended by a written agreement signed by you and Forager.world.
Assignment
These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Forager.world without restriction. Any attempted transfer or assignment in violation of the above will be null and void.
Entire Agreement
These Terms, together with the Privacy Policy, Community Guidelines, and any amendments and additional agreements you may enter into with Forager.world in connection with our Products, constitute the entire agreement between you and Forager.world concerning our Products. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Forager.world’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Parties
This is a contract between you and Cloudicide Corp. (doing business as “Forager.world”).