LAST REVISED: NOVEMBER 24, 2O20
DimensionalInteractive Inc. (“Dimensional”, “we”, “our” or “us”) offers an online platform (the “Platform”)that enables end users to complete various personality assessments, and connect with and interact with other end users. After you (“you” or “your”)open an account on the Platform, you are able to able to access services that we may provide to you through or in connection with the Platform (the “Services”). You might access thePlatform through an app named or branded for Dimensional (“App”). You might access the Platform through a web portal named or branded for Dimensional (“Web Portal”).
These Terms are effective on the earlier of the date (a) you click to accept theseTerms, or (b) you first sign up for an account, download the App, use the WebPortal, or otherwise use the Platform or the Services. You acknowledge the Privacy Statement located at www.dimensional.me (the “PrivacyStatement”), as revised from time to time.
You must register for a Dimensional account to use the Platform, the Services, the App, and the Web Portal. You must provide the information reasonably requested by Dimensional for that purpose. You represent and warrant to Dimensional that you have not misrepresented any information that you have provided to Dimensional in connection with your account. You are responsible for maintaining the confidentiality of your user name and password. Dimensional recommends that you use a strong password and that you change it frequently. You agree not to disclose your user name or password to any third party. Dimensional may reject, or require that you change, your user name or password. You are solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify Dimensional immediately. It is your responsibility to update or change your account information, as appropriate.
For a summary of how Dimensional collects, uses and discloses personal information, please see Dimensional’s Privacy Statement. When you use the Platform, the Services, the App, and the Web Portal, you may also interact with others. The others with whom you interact may also collect, use and disclose your personal information. Dimensional’s Privacy Statement only describes how Dimensional collects, uses and discloses your personal information. To understand how others with whom you interact collect, use and disclose your personal information, you must review their privacy statements.
Dimensional grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the App and the Web Portal to access and use the end user functionality of the Platform and the Services, and the end user content that is available on the Platform and the Services (“Content”) subject to and conditional on your continued compliance with the terms and conditions of these Terms. These Terms permit you to use the Platform, the Services, the App, and the Web Portal for your personal use only, and not for any commercial purpose.
You will not (a) make the Platform, Services, Content, App or Web Portal available to, or use the Platform, Services, Content, App or Web Portal for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Platform, Services, Content, App or Web Portal, or include the Platform, Services, Content, App or Web Portal in a service bureau or outsourcing offering, (c) use the Platform, Services, Content, App or Web Portal to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights, (d) use the Platform, Services, Content, App or Web Portal to send spam, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Malicious Code”), (e) interfere with or disrupt the integrity or performance of the Platform, Services, Content, App or Web Portal, (f) attempt to gain unauthorized access to the Platform, Services or Content or their related systems or networks, (g) access or use any Dimensional intellectual property except as permitted under these Terms, (h) copy or make derivative works from all or any part of the Platform, Services, Content, App or Web Portal or any part, feature, function or user interface of the Platform, Services, Content, App or Web Portal, (i) frame or mirror any part of the Platform, Services, Content or Web Portal, or otherwise incorporate any portion of the Platform, Services, Content, App or Web Portal into any product or service, (j) access or use the Platform, Services, Content, App or Web Portal in order to build a competitive product or service or to benchmark with a non-Dimensional product or service, (k) reverse engineer the Platform, Services, Content, App or Web Portal, or any software used to provide them (to the extent such restriction is permitted by applicable laws), (l) access or use any part of the Platform, Services or Content that is (expressly or implicitly) not intended for use by you, (m) use any non-Dimensional automation code in relation to the Platform, Services or Content (including any “bot” or “spider”), (n) collect or harvest any information from the Platform, Services or Content in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on the Platform, Services, Content, App or Web Portal, (p) probe, scan, or test the vulnerability of the Platform, Services, Content, App or Web Portal or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to the Platform or Services, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Services or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to Dimensional or any other person on or through the Platform, Services, Content, App or Web Portal.
The Personal Information we collect is generally in one oCertain parts of the Platform and Services enable you to provide information to Dimensional. You represent, warrant and agree that (a) all information you provide on or through the Platform (each, a “Submission”) will be true, accurate and complete, (b) you will update each Submission as necessary so that it remains true, accurate and complete at all times, (c) you will not impersonate any person when making a Submission, (d) Dimensional is entitled to rely on your Submissions, (e) you will only include the personal information of another individual in your Submission if you have the express permission of that individual or if you are otherwise entitled to do so at law, (f) you will not include any statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others, that is bigoted, hateful, or racially offensive, or that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person, (g) you have obtained at your own expense all necessary consents, rights and permissions required to grant to Dimensional the license provided below, and (h) you will not include in any Submission or otherwise transmit any Malicious Code. By making a Submission, you thereby grant to Dimensional an irrevocable, unlimited, sublicensable (through multiple tiers), transferable, royalty-free, worldwide, perpetual license to use, copy, distribute, modify, make derivative works from, and disclose the information and any other content in the Submission, for any purpose whatsoever, and you hereby waive all related moral rights. For a summary of how Dimensional collects, uses and discloses personal information that might be included in a Submission, please see Dimensional’s Privacy Statement.r more of the following categories.
Dimensional reserves the right at any time to charge fees for access to portions or all of the Platform, Services, Content, App and Web Portal. We will obtain your prior agreement to pay such fees prior to charging your account. We will give you advance notice if at any time we require a fee for portions or all, of the Platform, Services, App or Web Portal that are currently made available at no cost. All new fees, if any, will be posted prominently on the Platform and in other appropriate locations on the Service. All fees shall be billed to and paid for by you. You shall pay (a) all fees incurred through your account at the rates in effect for the billing period in which such fees are incurred, and (b) all applicable taxes relating to your purchases through your account.
The following applies to any App you obtain from the Apple App Store (an “Apple App”): You acknowledge and agree that these Terms are solely between you and Dimensional, and not with Apple, Inc. (“Apple”) and Dimensional, not Apple, is solely responsible for the Apple App and the content thereof. You may only use the Apple App on Apple branded products that you own or control. You must comply with the App Store Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the App Store Terms of Service, the term of the App Store Terms of Service will prevail. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Dimensional as the supplier of the Apple App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including (a) product liability claims, (b) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Dimensional as supplier of the Apple App. You acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringes that third party’s intellectual property rights, Dimensional, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints or claims with respect to the Apple App, you may direct them to Dimensional Interactive Inc. at 96 Maria Street, Toronto, Ontario M6P 1W4, Attention Saeid Fard, or contact us by email at email@example.com. You agree to comply with all applicable third party terms of agreement when using the Apple App, including your wireless data service agreement. You and Dimensional acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
The following applies to any App you obtain through the Google Play Store (a “Google App”): You acknowledge and agree that these Terms are solely between you and Dimensional, and not with Google, Inc. or any of its subsidiaries (collectively, “Google”). You must comply with Google’s then-current Google Play Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the Google Play Terms of Service, the term of the Google Play Terms of Service will prevail. Google is only a provider of the Google Play Store where you obtained the Google App. Dimensional, and not Google, is solely responsible for the Google App. Google has no obligation or liability to you with respect to the Google App or these Terms. You acknowledge and agree that Google is a third-party beneficiary of these Terms.
You are solely responsible for any data charges and similar fees associated with your use of the Platform or the Services through a mobile device.
Dimensional and its licensors have and will retain all right, title and interest in and to the Platform, Services, Content, App, and Web Portal, and the software and systems used to provide them (including all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the Platform, Services, Content, App, and Web Portal. No rights are granted to you under these Terms other than as expressly set forth in these Terms. Without limitation, you have no right to use any trademarks owned or used by Dimensional.
The App may contain or be provided together with free or open source software. Notwithstanding the sections titled “License” and “Reservation of Dimensional Rights”, each item of free or open source software is subject to its own applicable license terms. Copyrights to the free and open source software are held by the respective copyright holders indicated therein.
You grant to Dimensional and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.
The Platform, Services or Content may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Dimensional and are maintained by third parties over which Dimensional exercises no control. Accordingly, Dimensional expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
Dimensional may at any time, with or without notice, without liability, and for any reason (a) remove any Content from the Platform or Services, (b) remove any functionality from the Platform or Services, (c) change any functionality on the Platform or Services, (d) modify any App or Web Portal, and (e) deny any person access to the Platform or Services. Dimensional furthermore reserves the right to take any action related to the Platform, Services, Content, App or Web Portal that is required to comply with applicable law.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE PLATFORM, SERVICES, CONTENT, APP, AND WEB PORTAL ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF THE PLATFORM, SERVICES, CONTENT, APP AND WEB PORTAL IS AT YOUR OWN RISK. DIMENSIONAL DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS AND CONDITIONS (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH THE PLATFORM, SERVICES, CONTENT, APP AND WEB PORTAL, INCLUDING ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, AND NON-INFRINGEMENT. DIMENSIONAL MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM, SERVICES, CONTENT, APP AND WEB PORTAL WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT THE PLATFORM, SERVICES, CONTENT, APP, OR WEB PORTAL WILL BE SECURE, OR THAT THE APP OR ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE PLATFORM, SERVICES AND CONTENT WILL BE FREE OF MALICIOUS CODE. DIMENSIONAL IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE PLATFORM OR THE SERVICES. DIMENSIONAL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY WEBSITES OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE PLATFORM, SERVICES OR CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, SERVICES, CONTENT, APP, OR WEB PORTAL IS TO STOP USING THEM.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF DIMENSIONAL (AND DIMENSIONAL’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS AND AGENTS) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO THE PLATFORM, SERVICES, CONTENT, APP OR WEB PORTAL, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, AND (B) $100. ANY ACTION COMMENCED BY YOU AGAINST DIMENSIONAL MUST BE BROUGHT WITHIN 12 MONTHS OF THE CAUSE OF ACTION ARISING.
IN NO EVENT WILL DIMENSIONAL (OR DIMENSIONAL’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF REVENUE, SAVINGS, INCOME, BUSINESS, PROFIT, GOODWILL OR REPUTATION WHATSOEVER BASED ON ANY LEGAL THEORY (INCLUDING TORT OR NEGLIGENCE), AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
You will indemnify and hold Dimensional (and Dimensional’s directors, officers, employees, partners, suppliers and agents) harmless from all Losses arising from your use of the Platform, Services, Content, App or Web Portal, or your breach of any of these Terms, and from all Losses resulting from any Submission that is untrue, inaccurate or incomplete.
If you fail to comply with these Terms, then, without limiting any other right or remedy available to Dimensional, Dimensional may suspend or terminate your license to use all or any part of the Platform, Services, Content, App or Web Portal, with or without notice to you, and without any liability to you or any other person. Dimensional may suspend or terminate your license to use all or any part of the Platform, Services, Content, App or Web Portal, at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If Dimensional terminates or suspends your license to use all or any part of the Platform and/or some or all of the Services, Content, App, or Web Portal, then these Terms will nevertheless continue to apply in respect of your use prior to such termination or suspension.
These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America or Canada of the App or any of the Platform, Services or Content, or any information about any of them, which may be imposed from time to time by the governments of the United States of America or Canada. You shall not export App or any of the Platform, Services or Content, or any information about any of them without the prior written consent of Dimensional and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
The “last updated” legend above indicates when these Terms were last amended. Dimensional may unilaterally amend all or any part of these Terms at any time by updating these Terms on the Platform. We will provide you with notice of the proposed amendments by posting an amended version of these Terms with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect immediately on the date on which the amended version is posted. If you disagree with any amendments, you may refuse the amendments and shall cease using the Platform, Services, Content, App and Web Portal immediately. There will be no cost or penalty for doing so. If you continue to access or use the Platform, Services, Content, App or Web Portal after the amended version of the Terms has been posted, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities.
These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Platform, the Services, the Content, the App or the Web Portal, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. Any dispute or claim arising out of or relating to this Agreement will be referred to and finally resolved by arbitration under the Arbitration Act (Ontario) or the International Commercial Arbitration Act (Ontario), as applicable. The arbitration will take place in Toronto, Ontario, unless the parties agree otherwise. You agree that good faith negotiations and arbitration will all be without recourse to the courts and that the award of the arbitrator will be final and binding, except that: (i) either party may appeal an arbitration award to the courts of Ontario on a question of law; and (ii) either party may apply to the courts of Ontario for an interim measure of protection or for any order for equitable relief which the arbitrator does not have the jurisdiction to provide.
You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to Dimensional, such harm would not be quantifiable in monetary damages, and Dimensional would not have an adequate remedy at law. You agree that Dimensional shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Dimensional post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Dimensional to enforce any provision of these Terms.
Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Platform, the Services, the Content, the App or the Web Portal, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor Dimensional will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
These Terms represent the entire agreement between you and Dimensional with respect to use of the Platform, Services and Content, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and Dimensional with respect to any of the foregoing.
If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of Dimensional granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of Canada, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. Failure by Dimensional to insist on strict performance of any of the terms or conditions of these Terms will not operate as a waiver by Dimensional of that or any subsequent default or failure of performance. Dimensional’s affiliates, Dimensional’s directors, officers, employees, partners, suppliers and agents are third party beneficiaries of the sections titled “Disclaimer of Warranties”, “Limitation of Liability”, “No Claim for Certain Damages” and “Indemnity”. Apple, Google and their subsidiaries are third party beneficiaries of these Terms. There are no other third party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of Dimensional. Dimensional may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and Dimensional and your and its respective successors and permitted assigns.