Terms of Service
Created March 12, 2009.
The terms “we”, “us”, and “WeGoWeGo” refer to WeGoWeGo Inc, an Canadian corporation. A “user” is anyone who visits, accesses, crawls, browses, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site.
“Content” means text, images, photos (images), and all other forms of data or communication. “Your Content” means Content that you submit, post, or transmit to, using, the Site, such as the venue ratings, reviews, tags, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the Site. Your Content does not include the information that you submit in order to create an account on the Site. “User Content” means Content that users submit, post, or transmit to, or using, the Site. “WeGoWeGo Content” means Content that is created by WeGoWeGo and made available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than WeGoWeGo or the users, such as data providers that license data to WeGoWeGo for use on the Site. “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and WeGoWeGo Content.
The Site and our services may only be used by individuals who are able to form legally binding contracts under applicable law. Individuals under the age of 18 should not use this Site.
To use some of the features on the Site, you will be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to inform us of any unauthorized use of your account as soon as practicable. We do reserve the right to close your account at any time for any or no reason.
An “Account" is an account for your personal, non-commercial use only, and may be used to submit, post, and contribute reviews, ratings, tags photos, and other types of User Content. In creating a Personal Account, we ask that you provide complete and accurate information about yourself in order to reinforce your credibility as a contributor to the Site. You may however provide information that does not make you personally identifiable by using an alias of your choosing however you may not impersonate any other person(s).
Use of the Site.
Subject to the restrictions in these Terms of Service, WeGoWeGo grants you permission to use the Site, including the ability to: a) search for local venues and events, b) read, write, and share content, c) create and tag events, and d) invite people you know to register with WeGoWeGo.
You will be exposed to User Content and Third Party Content on the Site. You understand that such content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. WeGoWeGo does not endorse User Content or Third Party Content, and cannot assure its accuracy.
WeGoWeGo may, in its sole discretion and without liability or prior notice, immediately limit your activity, remove Your Profile, warn Users of your actions, temporarily suspend, indefinitely suspend or terminate Your Account, and your access to our services. Cause for these actions shall include, but not be limited to, a) your failure to comply with these Terms or the guidelines or rules it incorporates by reference; b) we are unable to verify or authenticate any information you provide to us; or c) we believe that your actions may cause financial loss or legal liability for you, other Users, WeGoWeGo or other third parties, d) we believe you have engaged in illegal, unauthorized or prohibited activity through the Site, ore) a request by law enforcement or other government agencies.
Restrictions on Use.
You agree that you will not:
use the Site in a manner that may create a conflict of interest, such as trading content with other business owners or writing or soliciting untruthful reviews, tags, photos;
use the Site to threaten, provoke, stalk, defraud, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;
use the Site for promotional or commercial purposes, except as explicitly permitted by WeGoWeGo;
use the Site to transmit or post spam, contests, junk email, schemes, surveys, or other non-approved mass messaging
use the Site to manipulate search results by purposefully submitting false keywords, tags, reviews;
use the Site to promote racism, prejudice or discrimination against anyone;
use the Site to transmit or post pornography or illegal content;
use the Site to solicit personal information from minors or to harm to minors;
use the Site in violation of the Terms of Service or any applicable law;
reformat or frame any portion of the Site;
adapt, modify, reproduce, translate, distribute, create imitative works, sell, trade, publicly display, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by WeGoWeGo;
reverse engineer whole or any portion of the Site, except as may be permitted under the law;
use the Site to violate any third-party right, including any breach of confidence, privacy right, copyright, trademark, trade secret, patent, moral right, or any other intellectual property right;
mine, record, or process information about Site’s users;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to scrape, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents
retrieve, access, or index the Site to construct or populate a search-able database of reviews, tags, images, categories and keywords;
modify or remove any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post.
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on WeGoWeGo’s technology infrastructure;
attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, Trojan horses or other items of a destructive nature (collectively, “Viruses”); that interferes with the proper working of the Site, make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
engage in any tortious or criminal activity, including without limitation child pornography, drug dealing, mischief, distributing obscene material, fraud, gambling, harassment, stalking, spamming, intellectual property infringement or theft of trade secrets;
remove any copyright or other proprietary notices contained in any information displayed or downloaded from the Site;
sell or transfer Your Account or Your Profile;
use this Site in any manner that could disable, damage, overstress or impair this Site;
disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked Site;
any other use of the Site or the services in a manner inconsistent with these Terms and any and all applicable laws and regulations.
Permission to Use Your Content.
You grant WeGoWeGo the irrevocable right to use Your Content for any purpose, including but not limited to the right to reformat it, publish it, edit it, associate it with your account profile name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms (“Other Media”).
You grant the Site’s users and the users of any Other Media the irrevocable right to access Your Content in connection with their use of the Site and any Other Media.
You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
Responsibility for Your Content.
You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable.
You represent that you own, or have the necessary permissions to use, and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by WeGoWeGo.
As you are responsible for Your Content (and not WeGoWeGo), you may expose yourself to liability if, for example, any copyright, trademark, patent, trade secret is exposed or violated, as it pertains to third party’s rights, including, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, slanderous, intentionally misleading, or contains material that is unlawful.
Use of Content.
WeGoWeGo and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to WeGoWeGo detailing the alleged infringement. If you believe that Content has been mistakenly removed from the Site pursuant to this policy, you may send a written counter-notice to WeGoWeGo.
WeGoWeGo may terminate or suspend your account or ability to use the Site, in whole or in part, at WeGoWeGo’s sole discretion, for any or no reason, and without notice or liability of any kind
You may terminate this agreement at any time by closing your account or discontinuing your use the Site.
WeGoWeGo owns the WeGoWeGo Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user generated reviews, tags, commentary, content, and all other elements and components of the Site excluding User Content and Third Party Content. WeGoWeGo also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the WeGoWeGo Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the WeGoWeGo Content in whole or in part except as expressly authorized by WeGoWeGo. Except as expressly and explicitly provided herein, WeGoWeGo does not grant you any express or implied rights, and all rights in and to the Site and the WeGoWeGo Content are retained by WeGoWeGo.
Third Parties and external vendors
The Site may include links to other websites (each, a “Third Party Site”). WeGoWeGo does not control or endorse any Third Party Site, and you agree that WeGoWeGo is not responsible for the availability or contents of such Third Party Site.
Changes to the Terms of Service
The Terms of Service may be modified by WeGoWeGo at any time. When changes are made, we will notify you by making the revised version available on this website and will indicate when revisions were last made. You should visit these Terms of Service on a regular basis as revised versions will be legally binding. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
Warranties, Disclaimers, and Limitations of Liability.
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. WEGOWEGO MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE Site, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF VENUE or EVENT REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE Site OR Site CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. WEGOWEGO FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM WEGOWEGO OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
WEGOWEGO DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, © BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF WEGOWEGO OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
WEGOWEGO ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH WEGOWEGO RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
WEGOWEGO FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
WEGOWEGO’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO WEGOWEGO IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) CDN$100.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree to indemnify and hold WeGoWeGo, partners, joint ventures, affiliates, any related companies, suppliers, licensors , and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. WeGoWeGo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of WeGoWeGo. WeGoWeGo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
This Agreement shall be governed by, interpreted and construed in accordance with the laws of the Province of Ontario, without regard to its conflict of laws principles, as if formed by and between Ontario residents. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You and WeGoWeGo agree to submit to the personal and exclusive jurisdiction of the courts of Ontario, and to waive any objections based upon venue in any such action, suit or proceeding.
If there is any dispute about or involving the Site or WeGoWeGo, you agree that any such dispute will be governed by the laws of the Canada and Province of Ontario without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the provincial and federal courts in Toronto, Ontario.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind WeGoWeGo in any respect whatsoever.
The Terms of Service contain the entire agreement between you and WeGoWeGo regarding the use of the Site, and supersede any prior agreement between you and WeGoWeGo on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
The failure of WeGoWeGo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
Contact and Feedback
If you are satisfied or dissatisfied with the Site or wish to provide improvement suggestions, please let us know by providing feedback to the customer support team through email: firstname.lastname@example.org.