Terms of Service
Last updated: April 1st, 2022
This agreement is made between 12948231 Canada Inc., a Canadian federal corporation (“Us”, “We”, or “Our”) that is the operator of WhaleRoom.org and its associated ecosystem (“WhaleRoom”), and you, an individual person (“You” or “Your”).
2. Rooms and Minimums
WhaleRoom permits You to join “rooms” to interact with other holders of one or more cryptocurrencies/tokens (“Digital Assets”), provided that You prove cryptographically that You possess at least the stated minimum quantity (e.g. using a wallet like Metamask). If You choose to make use of a room with a minimum quantity of Digital Assets then You must be the owner of the corresponding account used to prove the specified quantity. Additionally, You must be of the age of majority in Your jurisdiction (and at least 13 years old). Other requirements or eligibility criteria may apply to access certain content through WhaleRoom.
WhaleRoom does not require a paid membership to use it, but You may choose to do so in order to gain the benefit of additional features, status, etc. If You have purchased a membership with particular terms, rights, conditions, features, privileges, etc., then those terms shall apply to Your use of WhaleRoom, notwithstanding any term of this agreement. Extra features of WhaleRoom (e.g. third-party research and analysis tools) are only for Your use (and may not be redistributed or shared).
Lifetime memberships are valid for the lifetime of WhaleRoom, but We may choose to stop offering lifetime memberships at any time. We reserve the right to stop offering certain membership programs at any time.
4. Your Conduct
Your use of WhaleRoom is contingent on following the rules for WhaleRoom:
Be reasonable. Do not harass other users, threaten anyone, or act in a way that’s inconsistent with the WhaleRoom community that You are a part of.
Be considerate. Rooms are only for members. Do not share screenshots or messages from rooms with non-users.
Be respectful. Do not transmit or post content that is deliberately shocking or offensive such as sexually explicit materials, racist messages, or other disruptive content.
Be kind. Be respectful of Our moderators and other staff who are trying to create a great experience for WhaleRoom users.
Follow the law. Do not use WhaleRoom for illegal conduct or use it in a way that is illegal under the laws of Canada or under the laws of the place where You access WhaleRoom from.
5. User-Generated Content
We are not responsible for user-generated content (“UGC”). Any content that You use in connection with WhaleRoom must be either Your own creation or be content for which You have the global right to make use of it in connection with WhaleRoom. As a Canadian company, We follow all applicable laws regarding intellectual property and other rights, and strongly encourage You to only submit what You know is lawful to WhaleRoom.
We do not claim ownership over UGC that You submit to WhaleRoom. All UGC that You post, transmit, or create shall remain Your own content, but shall be licensed to Us for the purpose of displaying it within WhaleRoom. You agree that We may also redistribute Your UGC, transform it, store it, and use it for any other purpose that is common to chat systems or is technically required for the functioning of WhaleRoom, on a sublicensable, royalty-free, worldwide basis. Furthermore, You agree that We may make use of partners (e.g. cloud infrastructure) to provide the WhaleRoom services and We may make copies and store UGC on third-party servers but only to the extent necessary to provide the functionality of WhaleRoom.
You are responsible for Your UGC. You agree to release Us from any liability regarding user-generated content and indemnify Us against any claims made in relation to user-generated content that You transmit to WhaleRoom. Furthermore, You acknowledge that WhaleRoom is not responsible for UGC transmitted by other users.
6. Live User-Generated Content
WhaleRoom includes functionality to make, record, transcode, and broadcast audio and visual feeds generated by users like You, which is a type of UGC (“Live Content”). As with UGC in general, WhaleRoom is not the creator of the Live Content and is not responsible for it.
Live Content functions similarly to a stage that You can make use of. If You choose to participate in Live Content as a creator then any Live Content that You create must be lawful and in compliance with any community guidelines in effect at the time (as provided by WhaleRoom). Live Content is inherently susceptible to being used in ways that may expose some users to content that they may find offensive or that may not be in keeping with the positive community spirit that WhaleRoom seeks to cultivate and You are encouraged to contact the user(s) responsible or not make use of Live Content features in order to avoid such content. WhaleRoom does not moderate Live Content or control access to it, other than as part of standard technical controls that are a part of the functionality of WhaleRoom.
Live Content, like UGC in general, may be archived by WhaleRoom and made available to users of WhaleRoom.
We are not the creators of the content on WhaleRoom. If You believe that UGC on WhaleRoom violates Your local laws due to infringement of Your intellectual property rights, or based on any other grounds, You are encouraged to contact WhaleRoom at: [email protected].
8. License To Use
You may use WhaleRoom for Your own personal use. WhaleRoom is licensed to You on a personal, royalty-free, non-sublicensable, non-transferrable, worldwide basis. The foregoing license is contingent upon You lawfully using WhaleRoom, and only using it in jurisdictions that are not subject to sanctions by the Canadian federal government.
You may use WhaleRoom to create digital identifiers that may be used to authenticate in-person tickets (each one a “QR Ticket”). You are responsible for the QR Tickets that You issue, and WhaleRoom does not charge a fee for this service. You must be aware of physical security risks that involve in-person events, and WhaleRoom shall not be held liable for any damages, losses, or costs incurred in relation to events that You or others host (outside of WhaleRoom) in connection with QR Tickets.
Although WhaleRoom offers a scanning function for QR Tickets, You are responsible for evaluating whether any particular person should be admitted (or not).
Although We try to ensure that WhaleRoom is available at all times, We do not guarantee that it will always be available or that it will function without errors. Furthermore, some features may be temporarily or permanently disabled or changed, without any notice to You.
You agree to indemnify Us for any claims brought by third parties against Us in relation to Your use of WhaleRoom, breach of this agreement, violations of intellectual property rights, or with respect to a QR Ticket that You have created, an event that You have used a QR Ticket with, or any cause of action founded upon Your misuse of WhaleRoom.
12. Limitation of Liability
Our liability to You shall be limited to the greater of: a) $100 Canadian Dollars; or, b) the amount that You have paid to Us in the 24 months preceding notice of Your claim. The foregoing limitation of liability shall apply no matter the cause of action or type of claim, and shall include legal fees, punitive damages, and any other amount that We may be liable to You for.
13. No Warranty
WhaleRoom is provided as-is and without warranty of any kind (e.g. merchantability, fitness for a specific purpose, etc.). Furthermore, We do not warrant that any information that You access through WhaleRoom (whether created by Us or a user of WhaleRoom) is accurate.
14. No Refunds
If You pay Us to use WhaleRoom or pay for certain features within WhaleRoom then those payments shall not be refundable.
You may not amend this agreement.We may amend this agreement after providing You with 30 days notice, delivered to you by email or placement in a conspicuous place within WhaleRoom.
16. Limited Right To Assign
This agreement may only be assigned by Us as part of the sale of all or substantially all of WhaleRoom or as part of a corporate restructuring or acquisition. You may not assign this agreement
17. Consumer Protection Law
In some jurisdictions, consumer protection laws may apply in a way that overrides the terms of this agreement. The parties acknowledge that any inconsistency between this agreement and the laws of Your local jurisdiction shall be resolved in favour of the laws of Your local jurisdiction with respect to consumer protection or other applicable laws that apply in a manner that supersede contracts such as this one.
18. Choice of Forum and Governing Law
This agreement shall be governed by the laws of the Province of Quebec, Canada. Any disputes related to this agreement shall be heard in the courts of Montreal, Quebec, Canada.
19. Entire Agreement
This agreement is the entire agreement between the parties with respect to WhaleRoom and supersedes any and all other understandings, representations, or agreements that may exist between the parties.
20. Electronic Contracting
The parties have agreed to enter into this contract digitally.
21. French Language
It is the express wish of the parties that this agreement and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.