1. Introduction, Acceptance, Definitions, and Modifications
Welcome to the Yente Over the Rainbow website located at https://yenteovertherainbow.com (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and / or use of the Website.
By visiting and / or using the Website you agree to be bound by the terms of the present agreement, known as the Terms of Use (the “TOU”), without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website. The TOU are a legal and binding agreement between you and us.
The Website is owned and operated by 10359831 Canada Inc., a federally-incorporated company located in Calgary, Alberta, Canada at the address listed below. Where the present TOU refer to “Yente Over the Rainbow” they may refer to 10359831 Canada Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Yente Over the Rainbow and / or its Representatives. In these TOU, a Website visitor or user may be referred to as “you” or “your”. When a Website user has created an account and is logged in, they may be referred to as a “Logged-in User”.
Yente Over the Rainbow reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with Yente Over the Rainbow, we will use commercially reasonable efforts to notify you by posting a prominent notice when you arrive at the Website for the first time following those changes, or if you have an account, by email.
The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Website.
2. Contacting Us
If you have any questions about the TOU, please contact:
Yente Over the Rainbow Legal Services
legal@yenteovertherainbow.com
or:
Yente Over the Rainbow Legal Services
Calgary, AB
Canada
T2P 0N7
3. General Code of Conduct for Use of the Website
In addition to the more specific rules found elsewhere in these TOU, you agree that by visiting and / or using the Website, you will:
Not use the Website in any manner that in any way violates these TOU or any other applicable policy posted on the Website by Yente Over the Rainbow;
Not use the Website in any manner that violates any intellectual property rights of Yente Over the Rainbow or any third party;
Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Yente Over the Rainbow or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether Personal Information or not) of Yente Over the Rainbow, other Website users, or any other third party;
Not: (1) take any action that imposes or may impose (as determined by Yente Over the Rainbow in its sole discretion) an unreasonable or disproportionately large load on Yente Over the Rainbow’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures Yente Over the Rainbow may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Website;
Not use the Website to in any way collect information (whether personal or not) of any third party or in violation of our Privacy Policy;
Not interfere with any third party’s use or enjoyment of the Website;
Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
Not attempt to do any of the foregoing prohibitions;
Use the Website in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
4. Accounts
a. Age Requirements
The Website is not intended for minors. In order to create an account on the Website, you affirm that you are at least eighteen (18) years of age or over, or the age of majority in the jurisdiction you reside and from which you access the Website where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 or under the age of majority in the jurisdiction you reside, then you are not permitted to use the Website.
b. Accounts and Passwords
In order to use the matchmaking services on the Website, you will be required to create an account. Accounts are available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU.
As part of the account registration, you may be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.
If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. Yente Over the Rainbow and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Website with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
Yente Over the Rainbow reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described hereinbelow.
c. Account and Profile Information
The information required to create a user account is the following: your email address, and a username that you create. This information you submit as part of the sign-up process may be referred to in the present TOU or the Privacy Policy as “Account Information”.
As part of the matchmaking services, you will be required to fill out additional information - specifically your first and last names, age, location and gender, which may be referred to as “Mandatory Profile Information”.
By submitting Account Information and Mandatory Profile Information, you represent and warrant that the information is true and accurate to the best of your knowledge. Submitting false or misleading information may result in you being banned from using the Website, at our sole discretion.
5. The Matchmaking Services
a. Matchmaking Services
As a Logged-in User, you will be asked to fill out a questionnaire with details about yourself and what you are looking for in a potential match. You must fill out the questionnaire to receive possible matches. Unless otherwise indicated, your responses in the questionnaire will be private. This means, only you, our algorithm, and our future human matchmakers will be able to read your responses. These responses will not be viewable by the public or your matches. Responses in the questionnaire marked “visible to match,” will be visible to your matches, but not to the general public. The information asked for in this questionnaire may contain personal data, as described more fully in our Privacy Policy.
Once your questionnaire is complete, we will present your matches on the match page when you are a Logged-in User. You can then communicate with them directly and securely through the Website using our messaging service.
b. Disclaimer Regarding Matches
You are solely responsible for your interactions with your matches. You understand that Yente Over the Rainbow currently does not conduct background checks (criminal or otherwise) or screenings on its users. We also do not attempt to verify the statements of Logged-in Users. Yente Over the Rainbow makes no representations or warranties as to the conduct of users. We reserve the right to conduct any criminal background check or other screenings, at any time and using available public records.
Yente Over the Rainbow is not responsible for the conduct of any user. As noted in and without limiting sections 10 and 11 below, in no event shall Yente Over the Rainbow or its Representatives be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website including, without limitation, death, bodily injury, emotional distress, and / or any other damages resulting from communications or meetings with your matches. You agree to take all necessary precautions in all interactions with your matches, particularly if you decide to communicate off the Website or meet in person. You understand that Yente Over the Rainbow makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Website.
6.
Proprietary Rights and User Content Rights
a. Intellectual Property Rights
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Yente Over the Rainbow, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Yente Over the Rainbow, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website, Computer Code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Yente Over the Rainbow may take action accordingly.
The above paragraph further applies to third party property used as part of the Website, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.
b. Submitted Information
If you choose to communicate to Yente Over the Rainbow suggestions for improvements to the Website, any service available on the Website, or any idea or proposal related to Yente Over the Rainbow or its businesses or properties (collectively, “Feedback”), Yente Over the Rainbow shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Yente Over the Rainbow and waive in favor of Yente Over the Rainbow, its successors and assigns all your moral rights in the Feedback; and agree to provide Yente Over the Rainbow such assistance as Yente Over the Rainbow may require to document, perfect, and maintain Yente Over the Rainbow’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Yente Over the Rainbow, you are not entitled to any compensation or reimbursement of any kind from Yente Over the Rainbow under any circumstances.
c. User Content
As a Logged-in User, you may use the Website to create and submit text, including but not limited to information about yourself, which may be visible to other Website users, specifically your matches. This shall be deemed “User Content”. By creating, submitting and / or uploading User Content, you agree to be bound by the Yente Over the Rainbow policy for User Content as described in this section (the “User Content Policy”).
When you submit User Content, you acknowledge and agree to the following:
User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party;
You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to Yente Over the Rainbow, you hereby grant Yente Over the Rainbow a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Website. This license granted by you is perpetual and irrevocable; and
You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, or otherwise offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam.
If you believe that a user has posted User Content that violates these TOU, please contact us at contact@yenteovertherainbow.com so that we may conduct an inquiry. Yente Over the Rainbow retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
User Content may or may not be edited, curated or otherwise modified or checked by Yente Over the Rainbow prior to posting. Yente Over the Rainbow reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy.
Yente Over the Rainbow and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard.
7. External Links
a. General External Links
From time to time Yente Over the Rainbow may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. Yente Over the Rainbow provides those links as a convenience to you and Yente Over the Rainbow takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. Yente Over the Rainbow does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.
In no way will Yente Over the Rainbow be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
b. Use of Google Maps
The Website makes use of the Google Maps Platform, and when you use the Website Google Maps may be opened from a link on the Website. Your use of Google Maps on the Website or on its own is subject to the current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://policies.google.com/privacy, which we encourage you to read.
8. Interruption of Service
From time to time, the Website may be unavailable for periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, Yente Over the Rainbow shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
9. Termination of the Website or Your Access to the
Website and the TOU
You agree that Yente Over the Rainbow, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Yente Over the Rainbow believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy.
You may also end your access to the Website and our matchmaking services by clicking the “Permanently Delete Account” button on your profile page when you are a Logged-in User.
Yente Over the Rainbow may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that Yente Over the Rainbow shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from Yente Over the Rainbow’s termination of the Website or any part thereof.
Termination of the Website or your access to the Website shall terminate the present TOU as between you and Yente Over the Rainbow. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by Yente Over the Rainbow or third parties) or any activity arising from your use of the Website (including but not limited to your interaction with any match) or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from your use of the Website, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Website (including but not limited to your interaction with any match), the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website, written or produced by Yente Over the Rainbow staff, freelance writers or other subcontractors hired by Yente Over the Rainbow are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. Yente Over the Rainbow shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or the information thereon, or your reliance on such information whether the information is correct or not.
Yente Over the Rainbow expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Yente Over the Rainbow, its affiliates and their respective Representatives, do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by Yente Over the Rainbow or third parties) available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website (including but not limited to your interaction with any match) or any content downloaded will meet your requirements.
Some of the content displayed on the Website may include elements that belong to or are provided by third parties. You acknowledge that we assume no responsibility for such content.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Website, or any other website to which we link, and all operations on this Website are warranted only to the minimum amount legally required.
11. Limitation of Liability
In no case will Yente Over the Rainbow or its Representatives or licensees be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Website or (ii) the interruption, suspension or termination of any part of or all the Website; and in both cases (i) and (ii) regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Website and exceed Cdn$ 100.
You expressly understand and agree that Yente Over the Rainbow or its Representatives or licensees shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the information on the Website, your use of the Website, activities arising from your use of the Website (including but not limited to your interaction with any match), any third party materials on the Website, or any materials downloaded from the Website. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Yente Over the Rainbow or its Representatives; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
12. Indemnity
Notwithstanding any other term of the TOU or any act or failure to act by Yente Over the Rainbow or its Representatives, you agree to indemnify, defend and hold harmless Yente Over the Rainbow and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website, the information thereon, the information downloaded therefrom; (ii) your participation in any activities arising from the Website (including but not limited to your interaction with any match) or the information thereon; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.
13. Governing Law and Applicable Jurisdiction
These TOU, and your use of the Website shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws applicable therein in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Yente Over the Rainbow shall be brought exclusively in the courts located in the courts of Calgary, Alberta, Canada. Notwithstanding the foregoing, Yente Over the Rainbow shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Calgary court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Calgary court.
14. Miscellaneous Provisions
The TOU, in conjunction with the Privacy Policy, constitute the entire agreement between you and Yente Over the Rainbow with respect to your use of the Website, superseding any prior agreements between you and Yente Over the Rainbow.
Yente Over the Rainbow shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Yente Over the Rainbow’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, you and Yente Over the Rainbow nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
The failure of Yente Over the Rainbow to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Yente Over the Rainbow.
The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
© Yente Over the Rainbow Inc. 2019