Terms Of Service

Introduction

Please read these Terms of Service carefully before using and accessing any of our services, including our website, available at www.Queueapp.ca

(the “Website”) and our mobile application (the application, together with the Website shall be referred to as the “App”). The App is both owned and operated by Queue App Inc. (dba “Queue” and referred to in these Terms of Service as “we”, “us”, “our”).  We are a corporation recognized under the laws of Ontario.  The term “you” or “your” in these Terms of Service means you as an individual.

Description of Service

The App is a crowd sourcing mobile application that allows users to submit and view real-time information of Nightclub venues. The information includes, but is not limited to, line wait, gender ratio, crowd density, cover charge and music type.

Acceptance

By using the App, you are agreeing to be bound by these Terms of Service and our privacy policy, which is available at http://goQueue.com/privacy.html

(the “Privacy Policy”).  These Terms of Service and our Privacy Policy supplement, but do not override the end user license agreement (the “EULA”). If you do not agree with these Terms of Service, the Privacy Policy or the  EULA, do not use the App.

Age

To use the App, you are representing that you are of legal drinking age in the jurisdiction in which you are accessing and using the App and also that you are legally competent to enter into a binding agreement and are not otherwise prohibited from using the App pursuant to applicable laws.

Compatibility

We do not warrant that the App will be compatible with your mobile device in connection with your device’s hardware and software.

Carrier Charges

Using and accessing the App will consume data and other phone services such as text messages. Carrier rates for your phone might apply and you are responsible for the charges incurred.

Your Account Information

You are responsible for the confidentiality of your account’s username and password. While we have your information stored in a secure environment, we cannot guarantee the recovery of your account in the event that you lose any of your login information. It is your responsibility to advise us if you are aware of any unauthorized access to your account.

Privacy

Any information you submit to us, or authorize us to collect from third parties, in connection with your use of the App or any related services is subject to our Privacy Policy available at http://Queueapp.ca/privacy.html.

Ownership

Subject to any licenses granted in the EULA, we retain all rights, title and interest that we may have in the App and related services, including but not limited to any and all intellectual property rights, whether or not registered or registrable, including patents, patentable and non-patentable ideas, inventions, innovations, arts, processes, manufactures, developments, improvements, trademarks, design rights, copyrights, moral rights, database rights, confidential or proprietary information or trade secrets and all rights of an equivalent nature anywhere in the world.

App Updates

We might release updated versions of the App and this might automatically be applied to your device given your settings. As such, you consent to such automatic updates. In addition, we might change, expand, or selectively cease part or all of certain features of the App without any notification.

Prohibited Use

You must not:

·      attempt to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the App or App updates, or any part thereof. Any attempt to do so is a violation of the rights of Queue. If you breach this restriction, you may be subject to prosecution and damages;

·      attempt to interfere with the App or the networks or services connected to the App, whether through the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit;

·      use or launch any automated system, including without limitation any “robot” or “spider” that accesses the Service. You agree not to collect or harvest any personally identifiable information, from the Service, nor to use the communication systems provided by the Service (e.g. comments, content posting, or email) for any commercial solicitation purposes;

·      update any venue information in a falsely or defamatory nature. All updates must be fully truthful. Updated information must express solely your views, under your username and password;

·      use disguised identities when using the App or create fraudulent accounts. ·      rent, lease, lend, redistribute or sublicense the App; ·      use the App to infringe any third party’s privacy rights, defamation rights, intellectual property rights, contract rights or any other rights of any person; or

·      use the App for any unlawful purposes.   We reserve the right to investigate any suspected prohibited use of the App and to take any action that we deem appropriate, including without limitation, reporting any suspicious activity to law enforcement agencies, taking appropriate legal action against, or suspending or deleting the user account of anyone who, in Queue’s sole discretion, violates this provision.

Disclaimer and Limitation of Liability

ANY USE OF THE APP SHALL BE AT YOUR SOLE RISK ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE CONTENT IN THE APP TO BE ERROR-FREE. WE WILL TAKE COMMERCIALLY REASONABLE STEPS TO UPDATE AND CORRECT VENUE INFORMATION ON A TIMELY BASIS, BUT SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE ACCURACY OF THE VENUES. WE HAVE THE DISCRETION TO MODIFY, SUSPEND, OR WITHDRAW THE APP EITHER SCHEDULED OR UNSCHEDULED, AT WHICH TIME THE APP MIGHT BECOME UNAVAILABLE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY DUE TO THE UNAVAILABILITY, SUSPENSION, OR WITHDRAWAL OF CERTAIN FEATURES OR THE ENTIRE APP.

Modification

We reserve the right to make updates and revisions of these Terms of Service. We will let you know when these changes are made but it is important for you to review them periodically as they govern your use of our App.  You understand and accept that your continued use of the App indicates your acceptance to the revised and updated terms.

Indemnification

You agree to release, indemnify, defend and hold us, our affiliates, our partners, employees and all other related parties from any liability, loss, claim and expense, including reasonable attorney’s fees arising or relating to your violation of these Terms of Service and your use of the App.

Termination

We reserve the right to make updates and revisions of these Terms of Service. We will let you know when these changes are made but it is important for you to review them periodically as they govern your use of our App.  You understand and accept that your continued use of the App indicates your acceptance to the revised and updated terms.

Governing Law

The laws of Ontario shall govern any claim relating to us without regards to its conflict of law provisions.

Links To and From Other Websites

Links to third party websites on the App are provided solely for your convenience. If you use these links, you leave the App. We have not reviewed all of these third party websites and do not control (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked via the App, you do so entirely at your own risk.

Severability

If any provision or part of a provision of these Terms of Service is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Terms of Service and the remainder of these Terms of Service will apply as if the offending provision or part provision had never been agreed.

Waiver

Any failure or delay of us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of our rights or remedies.

Force Majeure Event

We shall not be liable for any failure or delay in the operation of the App, or lost access to the App, materials or information under these Terms of Service to the extent said failures or delays result or arise from (i) failures of software or other computer programming, (ii) natural weather events or acts of God, or (iii) any other events beyond our reasonable control, including, without limitation, failure of third party suppliers, subcontractors, service providers and carriers.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

  • Copyright Policy. GasBuddy respects the rights of content owners and asks that you do the same. You are responsible for any content that you make available through the Service. When sharing any content that is owned by third-parties, such as photographs, images, articles or links, you should credit the original source. GasBuddy is an internet service provider (ISP) and does not monitor the Site or other sharing tools for inappropriate or unlawful content.GasBuddy does provide content owners with the ability to notify GasBuddy if they believe that their work has been used or shared in a way that constitutes copyright infringement. Copyright owners and their authorized agents may submit Digital Millennium Copyright Act (DMCA) notifications to GasBuddy as set forth below. When we receive a valid DMCA notification, we will take down the applicable material and take reasonable steps to notify the user who posted the material. If the affected user sends us a valid counter-notification, we will restore access to the material unless we receive notice from the copyright owner that it has filed suit seeking a court order to restrain the alleged infringement, in which case, pursuant to the DMCA, access to the material will not be restored absent a court order.
    • Filing a Copyright Complaint. If you are a copyright owner or its agent and believe that any user content made available through the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing GasBuddy’s Copyright Agent (using the Copyright Agent contact information set forth below) with the following information in writing (pursuant to 17 U.S.C § 512(c)(3)):
      • The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
      • 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 GasBuddy, the service provider, to locate the material;
      • Information reasonably sufficient to permit GasBuddy, the service provider, to contact you, such as an address, telephone number, and, if available, an email address;
      • 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
      • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.You must provide notification of claimed infringement to GasBuddy’s designated Copyright Agent by mail to Copyright Agent, Stephen W. McVearry, General Counsel, 9737 Washingtonian Blvd., Suite 200, Gaithersburg, MD 20878 or by email to smcvearry@ucg.com. For clarity, only DMCA notifications should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to contact@gasbuddy.com. You acknowledge that if you fail to comply with all of the requirements described in this DMCA Policy, your DMCA notification may not be valid.
        If we receive a notification, we will send a copy of the notification to the user who posted the material addressed by your notification.
  • Responding to a Copyright Complaint with a Counter-Notice. If GasBuddy notifies you that your content has been removed based on a copyright claim submitted, and you believe your content was removed in error, you have the option to file a counter-notice. To file a counter-notice, you should respond to the notice that you received with the following information:
    • Your physical or electronic signature;
    • Your address, telephone number and e-mail address;
    • The source address for your content that was removed;
    • A statement under penalty of perjury that you have a good faith belief that your content was removed in error; and
    • A statement that you consent to the jurisdiction of the Federal District Court for the Judicial District in which your address is located (or, if your address is outside of the United States, for any Judicial District in which GasBuddy may be found) and that you will accept service of process from the person who submitted the original copyright complaint or an agent of such person.

When we receive your counter-notice, we will forward a copy of it to the person who filed the original copyright claim. If we do not receive notice within ten (10) business days that such person is taking further action, we may restore your content.

Entire Agreement

The Terms of Service, together with the Privacy Policy and EULA, constitute the whole legal agreement between you and Queue and govern your use of the App, and completely replace any prior agreements between you and Queue in relation to the App, including any previously posted versions of these Terms of Service, the Privacy Policy or the EULA.

More Information

For questions concerning this privacy policy, please contact us at info@Queueapp.ca