Privacy and Terms

Terms of Use

These Terms of Use (“Terms”) govern your access to and use of blog.generateapp.com, including any websites and mobile applications (the “Services”) owned or controlled by Generate Software Inc. (“Generate”), including but not limited to the mobile application known as “Generate” (the “App”), and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Services.

A. Basic Terms

1.     You must be at least NINETEEN (19) years old to use the Services, or if you are under the age of 19, be accompanied by an adult of at least 19 years when using the Services.

2.     You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Services.

3.     You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be viewable by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

4.     You agree that you will not solicit, collect or use the login credentials of other Generate users.

5.     You may use the Services only if you can form a binding contract with Generate and are not a person barred from receiving services under the laws of the Province of British Columbia, Canada or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, society, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, provincial, state, national, and international laws, rules and regulations.

6.     The Services that Generate provides are always evolving and the form and nature of the Services that Generate provides may change from time to time without prior notice to you. In addition, Generate may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

7.     The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Generate on the Services are subject to change. In consideration for Generate granting you access to and use of the Services, you agree that Generate and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

8.     Any information that you provide to Generate is subject to our Privacy Policy located at: http://blog.generateapp.com/, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Canada and/or other countries for storage, processing and use by Generate. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

9.     You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. Generate cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

B. Content on the Services

1.   All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

2.   We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Generate be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

3. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services.  You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.  You further agree that Content you submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Generate all of the license rights granted herein.

C. Rights

1.     You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Generate needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

2.     You agree that this license includes the right for Generate to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Generate for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Generate, or other companies, organizations or individuals who partner with Generate, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

3.     We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

4.     You are responsible for your use of the Services, for any Content you have provided, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Generate will not be responsible or liable for any use of your Content by Generate in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

5.     Generate gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Generate as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Generate, in the manner permitted by these Terms.

6.     All rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Generate and its licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Generate reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the App, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

D. Restrictions on Content and Use of the Services

1.     We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend terminate users or reclaim usernames without liability to you. You may not post Content that:

Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
Is a direct and specific threat of violence to others;
Is furtherance of illegal activities; or
Is harassing, abusive, or constitutes spam.

2.     We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Generate, its users and the public. Generate does not disclose personally identifying information to third parties except in accordance with our Privacy Policy, as previously linked.

3.     You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Generate’s computer systems, or the technical delivery systems of Generate’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Generate (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Generate; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

E. Copyright Policy and Reporting Copyright and Other IP Violations

1.     Generate respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

2.     We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Generate will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: Generate Software Inc.

F. Terminating These Terms

The Terms will continue to apply until terminated by either you or Generate as follows.

1.     You may end your legal agreement with Generate at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at info@generateapp.com.

2.     We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: B, C(1)-C(4), C(6), D, F, G, and H. Nothing in this section shall affect Generate’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section A.

G. Disclaimer of Warranties and Limitations of Liability

Please read this section carefully since it limits the liability of Generate and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Generate Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

1. The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, GENERATE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Generate Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Generate Entities or through the Services, will create any warranty not expressly made herein.

2. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Generate Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

3. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GENERATE ENTITIES SHALL 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GENERATE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

H. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Generate, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

 

I. General Terms

1. Waiver and Severability

The failure of Generate to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then 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.

2. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Province of British Columbia, Canada, without regard to or application of its conflict of law provisions or your province or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the Provincial or Supreme Courts located in Vancouver, British Columbia, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

3. Entire Agreement

These Terms and our Privacy Policy located at http://blog.generateapp.com/terms-of-privacy/ are the entire and exclusive agreement between Generate and you regarding the Services (excluding any services for which you have a separate agreement with Generate that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Generate and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at http://blog.generateapp.com/terms-of-privacy/. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section F above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Generate Inc.. If you have any questions about these Terms, please contact us info@generateapp.com.

Effective: January 24, 2014

 

Generate Privacy Policy

 

This Privacy Policy describes how and when Generate collects, uses, and shares your information in relation to our Services. Generate receives your information through our mobile applications, websites, email notifications, and other interactions with our Services. By using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. You authorize Generate to use your information in Canada and any other country where Generate operates, irrespective of which country you reside in or supply information from.

A. How and When We Collect and Use Your Information

1.   When You Create a Generate Account and Provide Profile Information:

When you create a Generate account, you must provide access credentials either in the form of an email address and password. As an option you may provide us with additional profile information, including a short bio, location, and profile picture. If you create your Generate account by connecting through another service, we may use public information from that connected account to help complete your profile. You may also update or modify your profile information and contact information at any time. Profile information is available publicly on our Services, including on your profile page.

2.   How We Use Your Contact Information:

In addition to using your contact information to create your account, we may use the contact information (such as your phone number or email address) to help connect you with other users, even if that information is not publicly displayed. We may also use the contact information to send you information about our Services, respond to your requests and facilitate your use of the Services.

3.   Content, Following, and other Public Information:

Some of the information you provide us is information that you choose to be made public. This includes not only the Content that you post and data provided with such Content, such as when it was posted, but also the accounts you follow, the Content that you like or comment on, and other public interactions on the Services. Your public information is broadly and instantly disseminated to a wide range of users and other services that access the App. As such, when you share information or Content via the Services, you should carefully consider what you are making public.

4.   Location Information: [IS THIS SECTION EVEN APPLICABLE?]

As an option, you may tell us your exact location if you choose to enable your computer or mobile device to send us location information. We may use and store this information to provide features of our Services, such as tagging a video with a location and to improve and customize the Services, such as with Content that has been tagged near your location.

5.   Links:

To help improve our Services, we may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. For example, we may use this information to provide relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.

6.   Cookies:

A cookie is a small data file that is transferred to your computer’s hard disk. Like many other websites, we use “cookie” technology to collect additional website usage data and to improve our Services. However, we do not require cookies for many features of our Services such as viewing public videos. Generate may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services.

If you do not want cookies from Generate or other websites, you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, we should point out that some Services may not function properly if you disable cookies.

7.   Log Data:

Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data includes information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information.

We receive Log Data when you interact with our Services. For example, Log Data is received when you visit any of our websites, sign into our Services, view videos hosted by Generate, or interact with our email notifications. Generate uses Log Data to provide our Services and to measure, customize, and improve them. We always have the option to delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, at our discretion.

8.   Third-Party Services Providers:

Generate may enlist and use a number of third-party services to help provide our Services, such as hosting our various blogs and wikis, and to help us understand the use of our Services, such as Google Analytics. If used, these third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address.

B. How We Share and Disclose Information

1.   With Your Consent:

We may share or disclose your information at your direction, such as when you choose to publicly post a video or update your profile information.

2.   With Services Providers:

We engage service providers to provide services and perform functions to us in Canada and abroad. We may share your private personal information with such service providers subject to the confidentiality obligations described in this Privacy Policy, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.

3.   Law and Harm:

Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Generate’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s request to disclose your information.

4.   Business Transfers:

In the event that Generate is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. In this case, the promises in this Privacy Policy will apply to your information as it is when transferred to the new entity.

5.   Non-Private or Non-Personal Information:

We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public posts, people you follow or that follow you, or the number of users who clicked on a particular link.

C. How To Modify Your Personal Information

If you are a registered user of our Services, we provide you with tools and account settings to access or modify the profile information you provided to us and the information associated with your account.

To permanently delete your account, please contact us at info@generateapp.com

D. Children’s Privacy

Our Services are not directed to persons under NINETEEN (19) and we do not knowingly collect personal information from children under NINETEEN (19). If you become aware that your child has provided us with personal information without your consent, please contact us at info@generateapp.com. If we become aware that a child under NINETEEN (19) has provided us with personal information, we will take steps to remove such information and terminate the child’s account.

E. Changes to Our Privacy Policy

From time to time we may revise this Privacy Policy. The most recent or current version of our policy will govern our use of your information. You can always find our policy at http://blog.generateapp.com/terms-of-privacy/. If we make a change to this policy that we deem to be material, we will notify you via an email to the email address associated with your account or through the Services. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

Effective: January 24, 2014