Terms of Service

Effective date: 02.04.2019

This Terms of Service (Agreement) govern the relationship between you (you or User) and Fortis Communications Inc (Fortis Communications, us, our or we) regarding your use of Mmme mobile application provided by FORTIS COMMUNICATIONS on any website or platform (Service). Use of the Service is also governed by our  , which is incorporated herein by reference.

Please read these Terms of Service carefully before using our Service.  We may update these Terms of Service from time to time, and your continued use of the Service constitutes acceptance by you of any updates.

BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING OUR SERVICE YOU CONFIRM THAT YOU HAVE READ AND AGREE TO FULLY COMPLY WITH AND BE FULLY BOUND BY THIS TERMS OF SERVICE, AS WELL AS OUR  . THESE TERMS OF SERVICE CONSTRUE AN ENTIRE AGREEMENT BETWEEN YOU AND THE FORTIS COMMUNICATIONS.  IF YOU DISAGREE WITH THIS TERMS OF SERVICE PLEASE STOP USING IT.

BY USING OUR SERVICE YOU ASSERT THAT YOU ARE EITHER LEGAL AGE (18 YEARS OLD), OR AN EMANCIPATED MINOR, OR POSSESS LEGAL CONSENT OF YOUR PARENT OR REPRESENTATIVE, AND YOU ARE HAVING THE POWER AND COMPETENT TO ENTER INTO AND TO COMPLY WITH THESE TERMS OF SERVICE. YOU HEREBY CONFIRM THAT YOUR AGE IS SUFFICIENT FOR USE OF THE SERVICE UNDER THE APPLICABLE LAWS AND/OR YOU HAVE ALL NECESSARY CONSENTS IN FULL COMPLIANCE WITH THE APPLICABLE LAWS, INCLUDING FOR PURPOSES OF DATA PROTECTION LAWS, OTHERWISE YOUR USE OF THE SERVICE IS PROHIBITED. LIABILITY FOR ACTIONS OF USERS WHO HAS NOT ACHIEVED THE REQUIRED AGE OR DOES NOT POSSES LEGAL CONSENT OF PARENT OR REPRESENTATIVE SHALL BE IMPOSED ON HIS/HER PARENTS OR LEGAL REPRESENTATIVES.

The Service will not be available to any Users previously suspended or removed from the Service by FORTIS COMMUNICATIONS. If you access the Service from any third party platform providers, such as Apple or Google, from whom you download the Service, you shall comply with their terms of service/use as well as these Terms of Service.

Our Service may be offered services and applications of the partners of FORTIS COMMUNICATIONS, the use of which shall be governed by separate agreements with these partners of FORTIS COMMUNICATIONS.

 

  1. General
    • Mmme is a secure mobile application for video, music, sound, photographs, graphics, and text posting (hereinafter collectively referred as “Content”) sharing. The Mmme is based on the most advanced security technologies to ensure Content’s versatile privacy and security. The Mmme Family Journal allows User to post Content and Content albums that will be available only to people invited to the Mmme by respective User.

 

  1. Rights granted
    • From the moment of acceptance of this Terms of Service, FORTIS COMMUNICATIONS grants to you individual, non-sublicensable, non-transferable, revocable limited license subject to the limitations below to access and use the Service for your own personal non-commercial purposes. You agree not to use the Service for any other purpose. Unless otherwise specified by FORTIS COMMUNICATIONS, you are not permitted to reproduce, copy, modify, distribute, transmit, display, publish, license, create derivative works from the Service or any its All rights not expressly granted in this Terms of Service are reserved.
    • If you downloaded the Mmme from Apple App Store you will only use the Mmme (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

 

  1. Access to the Service
    • After downloading Mmme, the User must create a personal account (Account), following the steps provided and enter the required information. More information regarding personal data collected, as well as disclosure and protection, means is explained in the https://familybabyjournal.com/privacy_policy.
    • The Account is created solely to the User and cannot be assigned or sold to the third party.
    • After Account creation, User receives free limited access to the Service for 2 months. The Service is limited to the scope provided in Mmme description.
    • User, who want to receive full access to all Service functions may purchase (a) prepaid annual subscription or (b) prepaid monthly subscription.
    • After Account creation, User can change their personal information only by contacting Mmme.
    • The access to Mmme is limited to it from the User’s mobile device it was activated on.
    • In case of force majeure event, User can reactive Account by using initial e-mail. For this purpose, User should contact Mmme and provide information required.

 

  1. Acceptable use of Service
    • Any User who registering account with the Mmme shall (1) comply with these Terms of Service while using the Mmme; (2) hold Account login information confidential; (3) immediately inform Fortis Communications on any illegal or unauthorized activity or a security breach (including any loss, theft, or unauthorized disclosure or use of a username, password); (4) keep indemnified the FORTIS COMMUNICATIONS from all third party claims and liabilities arising out of any use of the Service, including any costs and expenses incurred; (5) be responsible for all activities that occur under respective Account; (6) not share Account or password with anyone; (7) provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services; (8) be solely responsible for any fees, including Internet connection or mobile fees, incurred when accessing the Mmme.
    • Any User shall not (1) permit any third party to access or use a username or password for the Service; (2) upload to the Service any Content or file that contains or redirects to a virus, worm, Trojan horse, or other harmful technology or component that unlawfully accesses alternatively, downloads content or information stored within the Service or on the hardware of FORTIS COMMUNICATIONS, affiliate, or any third party; (3) upload or publish Content that infringes third party trademark, copyright, intellectual property, data protection laws or which is defamatory, offensive or illegal; (4) decompile, interfere with, hack, reverse engineer, disassemble, modify, copy, or disrupt the functionality, integrity, features, or performance of the Services; (5) access the Service with intent and/or in order to create a comparable or similar application or software or copy any features, graphics, ideas, images, videos, intellectual property or functions of the Service; (6) create Accounts by any means other than Service interface (scraping, creating accounts in bulk).
    • The Fortis Communications retains the right to suspend the Account of any User, accused in breaching of rules as mentioned herein and this Terms of Service. In such circumstances, FORTIS COMMUNICATIONS reserves the right to cancel the User’s account and suspend or revoke the license(s) provided.

 

  1. Payment
    • All payments made through Apple App Store or Google Play Store are controlled and managed by Apple and Google respectively.
    • Payments will be charged to your Apple App Store or Google Play Store account at confirmation of purchase.
    • After accessing the Mmme, User receives free 2 months subscription. After this term ends access to the Service shall be suspended, unless User choose a prepaid monthly subscription or prepaid annual The description of subscription plans is provided before payment.
    • The subscription fee is payable by User in exchange for the access to the Mmme Family Journal.
    • User pays the fee that is displayed on the Service at the time of confirming a subscription.
    • If User purchases any subscription prior to the end of the free 2 months subscription, an unused portion of a trial period will be forfeited.
    • All prices are in United States Dollars.
    • Pricing in another country may vary and actual changes may be converted to User’s actual currency depending on the country of User’s residence
    • The subscription will automatically renew at the end of each term and User’s credit card will be charged through account (Apple App Store or Google Play Store). User can turn off auto-renew at any time from account settings.
    • Account will be automatically charged 24 hours prior to the end of the current subscription term. If User wishes to turn off further subscription auto-renewal, the one should do it at least 24 hours before the end of the current period.
    • The FORTIS COMMUNICATIONS is entitled to adjust subscription fee for the User’s subscription without further notice.
    • The paid subscription fee is not refundable.
    • User agrees to notify FORTIS COMMUNICATIONS promptly of any changes to the payment method provided while any subscriptions remain outstanding. User is responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by the respective User.
    • When the subscription period ends and subscription fee is not paid by the User due to the fund’s insufficiency, Content storage space shall be decreased until subscription fee is paid.
    • In case when User Account suspended pursuant to Section 4.3., no payments shall be refunded.

 

  1. USER’S CONTENT
    • User acknowledge that all Content accessible through the Services are the sole responsibility of the individual or entity from which such Content originated. It means that Users are entirely responsible for all Content they upload, post, transmit or otherwise make available through the Services.
    • User acknowledge that Mmme is not responsible for pre-screening of Content. Nevertheless, Mmme reserves the right at its sole discretion to conduct pre-screening, refuse to display Content or some portion of Content, or remove any Content. Without limiting the foregoing, Mmme shall have the right to remove any Content that violates this Terms of Service or is otherwise objectionable.
    • User acknowledge and agree that Mmme has no obligation to store any of Content made available by respective User via the Services.
    • User agree that Mmme retains the right to create reasonable limits on the use and storage of the Content, such as limits on storage space, file size, processing capacity, and similar determined by Mmme in its sole discretion.
    • By submitting Content to Mmme User granting FORTIS COMMUNICATIONS a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial license to use, distribute and sell creative derivative works from Content submitted. User warrant having a right to grant FORTIS COMMUNICATIONS rights, described herein.

 

  1. Third-party services
    • The Mmme contains links to third-party services and advertisements (Third Party Link) for third parties that are not under the control of FORTIS COMMUNICATIONS. When User click on a Third Party Link the FORTIS COMMUNICATIONS shall not be responsible to warn User that the one has left Mmme.
    • User acknowledges, accepts and agrees that (1) when entering Third Party Link the one will then be subject to the third party terms and policies; (2) Third Party Links provided only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations; (3) User using Third Party Link at the one’s own risk.

 

  1. Intellectual property
    • All rights, copyrights, patents, trade secrets, trade dress, know-how, technical information, inventions, discoveries, improvements, ideas, concepts, discoveries, texts, images and other proprietary rights, and any derivative works thereof (including improvements) embodied in the Service belong solely and exclusively to the FORTIS COMMUNICATIONS.
    • “Mmme” is a trademark of FORTIS COMMUNICATIONS company and may not be used, copied, or imitated, in whole or in part, without the express prior written approval of FORTIS COMMUNICATIONS. The look and feel of the Services (including all page headers, custom graphics, button icons, and scripts) form the trademarks, service marks and trade dress, belonging to FORTIS COMMUNICATIONS and may not be used, copied and/or imitated in whole or in part, without the express prior written approval of Investwinex. The use of any of trademarks without FORTIS COMMUNICATIONS express written consent is strictly prohibited.

 

  1. DISCLAIMER
    • EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS”. THE FORTIS COMMUNICATIONS  DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF DEFECTS, ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR OF NON-INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. Indemnity
    • The User shall indemnify defend and hold harmless FORTIS COMMUNICATIONS and its subsidiaries and employees (including but not limited to agents, licensors, managers and other affiliated companies and their employees, contractors, agents, officers, and directors) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses (including but not limited to attorney’s fees) arising from: (1) any other party’s access and use of the Service with User’s unique username, password or other appropriate security code; (2) User’s violation of any term of this Terms of Service, including without limitation User’s breach of any of the representations, warranties or responsibilities described herein; (3) User’s violation of any third-party rights, including without limitation any right of privacy or intellectual property rights; (4) User’s willful misconduct.

 

  1. Limitation of Liability
    • FORTIS COMMUNICATIONS has no liability or responsibility for the deletion of Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
    • USER UNDERSTANDS, ACKNOWLEDGES AND AGREE THAT IN NO EVENT SHALL FORTIS COMMUNICATIONS BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF DATA, USE, OR PROFITS, LEGAL, OR IRRESPECTIVELY OF WHETHER OR NOT FORTIS COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR  EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE
    • USER UNDERSTANDS, ACKNOWLEDGES AND AGREE THAT IN NO EVENT SHALL FORTIS COMMUNICATIONS BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ERRORS, DEFECTS OR BUGS OF USER’S MOBILE DEVICE.
    • UNDER NO CIRCUMSTANCES WILL FORTIS COMMUNICATIONS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY FORTIS COMMUNICATIONS AS A RESULT OF USER’S USE OF THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO USER’S CLAIM.
    • The User is solely responsible for assessing the reliability, accuracy, and quality of the Service. The User accepts all risks and responsibility for all loss, damage, costs and other consequences resulting from the use of the Service.
    • Notwithstanding any provision of this Terms of Service, if jurisdiction where User resident in, has provisions specific to waiver or liability that conflict with the above mentioned then FORTIS COMMUNICATIONS liability is limited to the maximum extent possible by law.

 

  1. Termination
    • The User may terminate this Agreement by deleting of User’s Account.
    • The FORTIS COMMUNICATIONS may terminate this Agreement with immediate effect by giving the User a written notice.
    • The termination, in any case, will not affect any obligation that has already been incurred by either the User or the FORTIS COMMUNICATIONS.

 

  1. Force Majeure
    • “Force Majeure” means unforeseeable circumstances acts, events or occurrences that prevent the FORTIS COMMUNICATIONS from providing the Service to the User, including but not limited to terrorism, strikes, riots or civil commotion, war, flood, act of God, accident, fire , storm, interruption of power supply, electronic, communication equipment or supplier failure, civil unrest, statutory provisions or lockouts.
    • The FORTIS COMMUNICATIONS shall have a right to, at its own reasonable discretion determine the existence Force Majeure and take reasonable steps to inform the User.
    • In the event of Force Majeure the FORTIS COMMUNICATIONS may without prior written notice and at any time: (1) suspend or modify any or all terms of the Terms of Service or Privacy policy to the extent that the Force Majeure makes it impractical or impossible for the Fortis Communications to comply with them; or (2) take or omit to take all such actions as the FORTIS COMMUNICATIONS considers to be reasonably appropriate in the circumstances with regard to the FORTIS COMMUNICATIONS , the User and other users.
    • In the event of Force Majeure, the FORTIS COMMUNICATIONS shall not be liable to the User in respect of any consequential, nonfinancial, direct or indirect damage.

 

  1. Notices
    • If you have any questions regarding Service functionality or data protection you can send us notice.
    • All notices shall be given to us either by post to our premises 33 KINNEY GATE, Maple, ON, L6A2S5, CANADA, CANADA or by email to [email protected] All notices shall be deemed received 5 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

  1. Miscellaneous
    • If any term of Terms of Service is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible, the same effect as the original term, and the remainder of Terms of Service shall remain in full force. If any court or administrative body of competent jurisdiction to be invalid or unenforceable finds any provision of the Terms of Service, then the invalidity or unenforceability shall not affect the other provisions, and all provisions not affected shall remain in full force and effect. The FORTIS COMMUNICATIONS will attempt to substitute with a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
    • In the event that a situation arises, that is not covered under the Terms of Service, the FORTIS COMMUNICATIONS will resolve the matter based on good faith and fairness and, where appropriate, by taking such action as is consistent with market practice.
    • The rights granted by Terms of Service, may not be transferred or assigned by the User, and any such transfer or assignment shall be void. The FORTIS COMMUNICATIONS may transfer some or all of its rights and obligations under these Terms of Service to another organization in the event that FORTIS COMMUNICATIONS assets acquired by or merged with a third-party entity or in connection with a merger, acquisition, sale, or other change of control event.
    • These Terms of Service do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto.
    • This Agreement shall be governed by the laws of the Canada, Ontario, excluding its conflict of law principles. Any actions, disputes, causes of action or claims arising out of or in connection with this Terms of Service shall be subject to the exclusive jurisdiction of the courts located in the Ontario, CA.