TERMS AND CONDITIONS

INTRODUCTION

Welcome to Sir+. These terms of use (the “Terms of Use”) explain how you may use the Sir+ application (“App”). PLEASE READ THE TERMS OF USE CAREFULLY BEFORE CREATING A FREE OR PAID ACCOUNT because by accessing and using the App and any of our services, you agree to be legally bound by the Terms of Use, including our Privacy Policy. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, DO NOT USE THE APP OR THE SERVICES. 

These Terms of Use constitute a binding legal agreement between you and 11435272 CANADA INC (the “Agreement”).    By creating an account, you become a Sir+ Member (a “Member”).  “We”, “Us”, “Our” or the “Company” means 11435272 CANADA INC (as described in s. 14 below).  “Member”, “You” or “Your” means the person accessing or using the App or our services.  The services offered by us under the Terms of Use include (1) our App and

(2) any products and services we may choose to provide in order to help you use the App, whether online or in person (together, the “Services”).  Any new features or tools that are added to the current Services will be subject to the Terms of Use.

WE RESERVE THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME.  We will provide a notice on this page of any material change with an updated effective date, and changes will not be retroactive without your consent.  You are responsible for checking on this page periodically for any changes.  By continuing to access or use the App or its Services, you are agreeing to be legally bound by the updated Terms of Use. IF YOU DO NOT ACCEPT ANY CHANGE TO THE TERMS OF USE, YOU SHOULD STOP USING THE APP AND SERVICES IMMEDIATELY .

ELIGIBILITY AND YOUR RESPONSIBILITIES

To use our App, you will need to register for an account (“Account”).  Before you register an account with us, you must ensure that you are eligible to use our Services.  

This section of our Terms of Use also sets out certain requirements when using the App and certain things that you cannot do when using the App.

a) Eligibility

By using our Services, you represent and warrant the following: 

You are at least 18 years old;You are legally qualified to enter a binding contract with the Company;  You are legally permitted to use the App by the laws of your home country; andYou have not previously been removed or suspended from our Services by us, unless you have our express written permission to create a new account.

If at any time you cease to meet the above requirements, you must immediately delete your account. 

b) Your Responsibilities

YOUR VIOLATION OF ANY OF THE FOLLOWING TERMS MAY RESULT IN THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT.

Accurate Personal Information

When you register to become a Member, you must provide accurate, current and complete information about yourself as prompted by our registration form, which will include any updates you make thereafter, and to maintain and update your information to keep it accurate, current and complete (“Registration Data”).  REGISTRATION DATA INCLUDES YOUR AGE, WHICH YOU WILL NOT MISREPRESENT. It may include your current and previous positions, qualifications or affiliations with a person or entity, which you will not misrepresent.  

You agree that we may rely on your Registration Data as accurate, current and complete.  You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we may terminate this Agreement with you and your use of the Services and in such event, you will not be entitled to a refund of any unused portion of any subscription fee. 

Although we may sometimes aim to verify the accuracy of certain information provided by our Members, we have no control over, do not guarantee, and are not responsible for the quality, truth, accuracy, legality or safety of our Members.

Posting, Communications, Behaviour Restrictions

You will not post on the App, store, share, send, transmit, disseminate or in any way communicate to us, users or our employees any content (or links thereto) that: 

is intended to or tends to harass, upset, embarrass, alarm, annoy, or intimidate any other users of the App or Services, us or our employees;a reasonable person could deem to be abusive, insulting, or threatening; unseemly, offensive, distressing, or vulgar; discriminatory or that promotes or encourages racism, hatred, bigotry, or physical harm of any kind against any group or individual;  encourages or facilitates any illegal activity, including, without limitation, terrorism, inciting racial hatred or hatred against any identifiable group or the submission of which in itself constitutes committing a criminal offence;is defamatory, libellous, scandalous, inflammatory, profane; or any content that could give rise to any civil or criminal liability under any local, state, provincial, national, or international law or regulatory requirement;is offensive or pornographic; relates to commercial activity (including, without limitation, sales, competitions, promotions and advertising, links to other websites or premium line telephone numbers, solicitation for services, “sugar daddy” or “sugar baby” relationships);involves the transmission of “junk” mail or “spam”;contains any spy ware, adware, viruses, corrupt files, worm programs or other malicious code

designed to interrupt, damage or limit the functionality of or disrupt any software, hardware,

telecommunications, networks, servers or other equipment, Trojan horse or any other material

designed to damage, interfere with, wrongly intercept or expropriate any data or personal

information whether from Sir+ or otherwise;

infringes upon a third party’s rights, including without limitation, copyright, other proprietary and intellectual property rights, and privacy rights (including but not limited to includes the image or likeness or another person without that person’s consent); oris inconsistent with the intended use of the Services or may harm the reputation of Sir+ or the Company.You will not: harass, bully, stalk, intimidate, assault, defame, defraud, harm or otherwise mistreat any user, or use geographic location information displayed within the Service to do any of the foregoing or collect, attempt to collect, or store geographic locations or other personal information about other users;act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;solicit passwords for any purpose or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without that person’s permission;solicit money or other items of value from another user, whether as a gift, loan, or other form of compensation;disclose information that you do not have consent to disclose;use another user’s account;intentionally interfere with or damages operation of the Services or any user’s enjoyment of them, by any means, including but not limited to uploading or otherwise disseminating viruses, worms, or other malicious code;remove, circumvent, disable, damage or other interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services or features that enforce limitations on use of the Service; orattempt to gain unauthorized access to the App or any Services, or any part of these, other accounts, computer systems or networks connected to the App or any Services, or any part of these, through hacking, password mining, or any other means, or to interfere or attempt to interfere with the proper working of the App or any Services or any activities conducted on the App or any Services.

YOUR VIOLATION OF ANY OF THE ABOVE TERMS MAY RESULT IN THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT.

CONTENT

a) Your Content – Indemnification, Licence and Representations

You are responsible and liable for content that you upload and provide (“Your Content”).  Don’t share anything that you wouldn’t want others around the world to see, that would violate any terms in this Agreement, or that may expose you or us to a lawsuit. 

Indemnity and Licence to Company 

As indicated in more detail in s. 10, you agree to indemnify and hold us harmless for any claims made in connection with Your Content.  

By uploading and otherwise providing Your Content onto and on the App, you are automatically granting us a transferable, sub-licensable, royalty-free, perpetual, licence to host, store, use, copy, reproduce, modify, translate, adapt, publicly perform and publicly display Your Content worldwide in perpetuity, in whole or in part, in any format or medium currently known or developed in the future, in connection with your use of the Services, for any purpose permitted under our Privacy Policy and as necessary for posting, displaying, distributing, storing and otherwise using Your Content on the App (the “Licence”).   Our licence to Your Content will be non-exclusive, except that our licence will be exclusive with respect to derivative works created through use of our Services.  For example, we would have an exclusive licence to screenshots of our App that include Your Content.  

You also grant the users of the App the right to access Your Content in connection with their use of any Services. You understand that the technical processing and transmission of data associated with Your Content may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of servers, connecting networks or devices.  

In consideration for Company allowing you to use our Services, you agree that we, our affiliate, and our third-party partners may place advertising on our Services.  By submitting suggestions or feedback to Company regarding our Services, you agree that Company may use and share such feedback for any purpose without compensating you. 

You represent and warrant to us that you have all necessary rights, consents and licences that may be necessary to upload or otherwise provide Your Content onto and on the Services, and to grant the Licence to us, including but not limited to consent to use the image of any persons appearing in Your Content, and the Company’s or Service’s use of Your Content as set out above will not infringe upon any copyright, right of privacy, moral right, rights related to defamation or any other rights of any person, company or other legal entity.

Personal Information

You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses, or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details).  If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

Responsibility for Your Content

You alone are responsible for Your Content, and once published it cannot always be withdrawn.  Your Content will be visible instantly all around the world to other users of the Services and any person visiting, participating in or who is sent a link to the Services (example, individuals who receive a link to a user’s profile or shared content from other users).  Make sure you are comfortable with being seen in this manner before uploading Your Content.  

You assume the risk that some of Your Content may make you personally identifiable or provide others with information to locate you or determine places that you have visited or are planning to visit.  You understand that you may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, defamatory, or violates any third party rights, including copyright, trademark, moral rights, other intellectual property rights or proprietary rights, privacy rights, right of publicity, or contains material that is unlawful, including illegal hate speech or pornography, exploits or otherwise harms minors, or violates or advocates the violation of any law or regulation. 

Our Management of Your Content

We have the right to remove, delete, edit, limit, block or prevent access to any of Your Content at any time, and we have no obligation to display or review Your Content.

b) Member Content

Other users of the Services may post content or otherwise share content via the Services (“Member Content”). This content belongs to the user who posted it and is stored on our servers and displayed at the direction of that user.  

You do not have any rights in relation to Member Content.  You may only use Member Content in a manner that is consistent with our Services’ purpose of allowing use to communicate with and meet one another.  

Member Content is copyright protected and people in the Member Content may have certain privacy rights.  You agree not to copy Member Content, and you agree not to otherwise use Member Content, except for the purpose of communicating with and meeting another user with the goal of finding a relationship. 

We have the right to terminate your account if you misuse Member Content.

c) Our Content

All other content on our App and Services belongs to us.

Any other text, graphics, user interfaces, trademarks, logos, sounds, artwork, images, audio-visual works, content, and other intellectual property appearing on our Services (together, “Our Content”) is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights.  All rights, title and interest in and to Our Content remains with us at all times.  

We grant you the following limited licence to access and use Our Content:  For as long as you comply with these Terms of Use, we grant you a non-exclusive, non-assignable, non-transferable and c, revocable licence to install and use the Services solely for your personal, non-commercial use and only for the purposes as intended by us and permitted by these Terms of Use, our guidelines, and applicable laws.   

You acknowledge that by downloading the App, you are subject to the applicable terms of service, policies and procedures of the App Store through which you download the App (the “App Store Terms”).  These Terms of Use amend and supplement the applicable App Store Terms and to the extent that the Terms of Use contradict or are inconsistent with the applicable App Store Terms, these Terms of Use control and prevail.  You are authorized to download the App solely via the App Stores through which we make the App available for download. 

  

d) You agree not to: reproduce, duplicate, copy, sell, resell or exploit any portion of the Services or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without express written permission by Company; creative any derivative works from any portion of the Services or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without express written permission by Company;use the Services or access the Services without express written permission by the Company; reproduce, duplicate, copy, sell, resell, exploit any Member Content or create any derivative works from any Member Content, without express written permission by Company; “Frame” or “mirror” any part of our Services without express written permission by Company;Use meta tags or code or other devices containing any reference to the Services (or any

trademark, trade name, service mark, logo or slogan related to the Services) to direct any person to any website for any purpose;

purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Sir+ trademarks and/or variations and misspellings thereof;Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise

disassemble any portion of our Services, or cause others to do so;

Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;Use, access, or publish the Services (including but not limited to the App) programming interface without our written consent.INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

We have a zero tolerance policy for inappropriate content, behaviour and bullies on our Services.  

Our goal in creating the Services is to provide a bit of help in finding solid and healthy relationships.  Therefore, we are committed to building and maintaining a positive and respectful Sir+ community, and we do not tolerate any inappropriate content or misconduct, whether on or off the Services, including but not limited to the App. 

We encourage you to report any inappropriate Member Content or misconduct by other users by contacting us at info@sirplusmen.com,  outlining the abuse or complaint.  You can also report a user directly from a profile or in chat by clicking the ‘block & report’ link.  

PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

The standard service on our Services is free for use.  You will also have the opportunity to purchase a subscription to our PRIME access through iTunes, Google Play or other external services authorized by us (the “App Store(s)”).    

If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. 

If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in s. 12. 

When purchasing a subscription through an App Store, your account with the App Store will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to the particular App Store.  Some App Stores may charge you sales tax, depending on where you live, which may change from time to time.  WE ARE NOT RESPONSIBLE FOR PAYING ANY AMOUNTS FOR THE SERVICES BILLED TO YOU OR YOUR MOBILE DEVICE BY AN APP STORE, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY PAYMENT PROCESSING ERRORS OR FEES OR OTHER SERVICE-RELATED ISSUES, INCLUDING BUT NOT LIMITED TO THOSE THAT MAY ARISE FROM INACCURATE ACCOUNT INFORMATION. We do not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions.  

If the App Store purchase includes an automatically renewing subscription, then your App Store account will continue to be periodically charged for the subscription until you cancel.  If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log into your App Store Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not us. To cancel a purchase made with your Apple ID, go to Settings >

iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your 

Sir+ subscription and follow the instructions to cancel. You can also request assistance at

https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Sir+ subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com.  If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

 

USER NAME AND PASSWORD

You will need to create an account or profile accessed by a user name and password in order to use our Services.  For security reasons, you must keep your user name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Company representative.  You should change your password on a regular basis, and you must log out at the end of each session. 

Immediately notify us of any suspected or actual unauthorized use of your user name or password. 

PRIVACY

Privacy is a priority for us.  For more information about how we collect, use and share your personal data, please read our Privacy Policy.  By using our Services, you agree that we can use your personal data in accordance with our Privacy Policy. 

NO WARRANTY

COMPANY PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS  AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 

COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, OR SECURE (B) FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS; (C) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED,  OR (D) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, CORRECT, CURRENT, OR MEET YOUR REQUIREMENTS.

COMPANY DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.

YOU USE THE SERVICES AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, AND COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR VERIFY THE IDENTITY OF ITS MEMBERS. FURTHERMORE, COMPANY MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME, USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES. 

COMPANY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES, NOR DOES COMPANY TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH COMPANY.  

THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO SECTION 9 (LIMITATION OF LIABILITY) BELOW.  SHOULD APPLICABLE LAW NOT PERMIT THE EXCLUSIONS OF EXPRESS OR IMPLIED WARRANTIES IN THIS SECTION, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE (WHETHER ARISING IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) FOR ANY INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING,

WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR

ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: 

(I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, 

(II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR 

(III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT.

THE FOREGOING WILL APPLY EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICES.

IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING ANY ONE MONTH.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES,

SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).  

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THIS AGREEMENT AND REFLECTS A FAIR ALLOCATION OF RISK.  THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

INDEMNITY BY YOU

You agree to indemnify Company if a claim is made against Company due to your actions.

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Company, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses (including lawyer’s fees), due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement. 

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action that are brought against us without your prior consent.  If we ask, you shall cooperate fully and reasonably as required by us in the defence of any relevant claim. 

The indemnity in this s. 10 will survive any termination or expiration of this Agreement.

DIGITAL MILLENNIUM COPYRIGHT ACT

We take copyright infringement very seriously.  The following policy towards copyright infringement is in accordance with the Digital Millennium Copyright Act (“DMCA”), which is the United States law controlling liability of online service providers for copyright infringements.  

If you believe that your content or work has been made available through the Service in a way that constitutes copyright infringement, please provide us with the following information: 

(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) a description 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; 

(3) a description of the material that you claim is infringing and where that material may be accessed within the Service; 

(4) your address, telephone number and e-mail address;

(5) 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 

(6) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Please send this information to us at: info@sirplusmen.com or via mail to the following address: 11435272 CANADA INC.  Toronto B, Box 154, Toronto  Ontario,  M5T 2T3,  Canada

We will terminate the accounts of repeat infringers.

TERMINATION BY US AND OTHER COMPANY RIGHTS

We reserve the right to modify or terminate the Services for any reason, without notice at any time. 

Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.

We reserve the right to refuse service to anyone for any reason at any time.

We have the right, but not the obligation, to investigate, and if appropriate remove Your Content and/or suspend or terminate your account without a refund if you have violated these Terms of Use or our guidelines, misused our Services , or behaved in a way that Company regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms of Use, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any other Sir+ member or Company employee will result in immediate termination of your account without refund.

We do not pre-screen Your Content and it is in our sole discretion to refuse or remove any of Your Content from the Service.

If your account is terminated by you or by us for any reason, these Terms of Use continue and remain enforceable between you and us.  Your information will be maintained and deleted in accordance with our Privacy Policy.

CANCELATION AND TERMINATION BY YOU

You may delete your account at any time by logging into the App, going to “Help”, clicking “Delete account”, and following the instructions to cancel your membership.  However, you will need to cancel/manage any App Store purchases through your App Store account (e.g., iTunes, Google Play) to avoid additional billing. 

Please note that cancelling your subscription through an App Store or deleting the Sir+ App (or any of our other Services) may not terminate your user account with us.  If you cancel your subscription with an App Store but do not take steps to deactivate your user account as indicated in the paragraph above, your profile may continue to be accessible to others on our Services.

Upon termination of the Services by either party for any reason, the Company will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise.

If your account is terminated by you or by us for any reason, these Terms of Use continue and remain enforceable between you and us.  Your information will be maintained and deleted in accordance with our Privacy Policy.

THE COMPANY 

11435272 CANADA INC. is a Canadian corporation, with offices located at Toronto B,  Box 154,  Toronto  Ontario,  M5T 2T3,  Canada.

JURISDICTION AND WAIVER OF JURY TRIAL AND CLASS ACTION

The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

GENERAL TERMS

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, or other information uploaded, stored, distributed, transmitted, or exhibited on or in connection with your account with us (“Materials”).

By using the App, you agree and acknowledge that Sir+ is a global app operating through servers located in a number of countries around the world, including Canada and the United States.  If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on or Services, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

The App (or any other Services) may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:

– the availability or accuracy of such websites or resources; or

– the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the Services are expressly prohibited without first obtaining our prior written approval.

The Terms of Use may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Use and Company’s Terms of Use available in another language, the most current English version of the Terms of Use on our Services will prevail.

The failure of Company to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. 

The Terms of Use, including the documents it incorporates by reference, constitute the entire agreement between you and Company and govern your use of the Services and your account with us, superseding any prior agreements between you and Company (including, but not limited to, any prior versions of the Terms of Use).

All the terms and provisions of the Terms of Use will be binding upon and inure to the benefit of the parties to the Terms of Use and to their respective heirs, successors, permitted assigns and legal representatives. 

Company will be permitted to assign these Terms of Use without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Use, or any of your rights or obligations hereunder, to any third party without Company’s prior written consent, to be given or withheld in Company’s sole discretion.

If any provision, or portion of the provision, in these Terms of Use is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Use, and the Terms of Use will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Use.