Terms and conditionsBy using this site and making use of Sengi, a
product and service offered by Sengi Corporation, you agree to abide by
the following Terms and Conditions for use. These Terms and Conditions
cover all present and future features offered by your Sengi products and
services, individually and collectively referred to as the "Service".
This Service is provided exclusively to individuals
who are at least 16 years of age, or to minors who have obtained parental
or legal guardian consent to open and maintain an account. Each user is
solely responsible for all of his or her photos and messages related to
the use of the Service.
Users of the Service
By using this Service, you agree to not use this
Service for any unlawful or prohibited activities. You also agree to not
disrupt the Sengi networks and servers. You further agree to not use Sengi
to send spam or junk photos, or sending photos to list of contacts that
contain persons that have not specifically agreed to be included on that
list. For the purpose of these Terms and Conditions, spam shall refer to
irrelevant or unsolicited messages sent over the Internet, typically to
large numbers of users, for the purposes of advertising, phishing, spreading
malware or virus ("Spam"). Any account found to be generating Spam will
be immediately suspended. We may also terminate accounts which are being
used for illegal activity, in particular in response to court orders from
the competent authorities informing us of such illegal activity. Sengi
has no obligation to store or forward the contents of terminated accounts.
We also have no obligations to store messages for accounts that are over
their storage quotas. Due to the encrypted nature of Sengi, you acknowledge
that the Company has no ability or obligation to recover your data.
Use of the Service
The Company does not make any warranty
about the reliability of the Service and does not guarantee the security
of user data despite best efforts. The Service is provided “as is” and
you agree to not hold the Company responsible nor to seek indemnification
for any damages that may arise as a result of the loss of use, data, or
profits connected to the performance of the Service or failure in such
performance. Furthermore, you will not hold the Company liable or seek
indemnification if personal or confidential material is unintentionally
released as the result of a security failure or vulnerability in the performance
of the Service.
Limited warranties and liability
You agree that the Company, and any parents, subsidiaries,
officers, employees, or third party contractors cannot be held responsible
for any third party claim, demand, or damages, including reasonable attorneys'
fees, arising out of your use of this Service. You agree that Sengi, its
parents, subsidiaries, officers, and employees cannot be held responsible
for any third party claim, demand, or damage, including reasonable attorneys’
fees, arising out of your use of this Service.
Within the limits of applicable
law, the Company reserves the right to review and change this agreement
at any time. You are responsible for regularly reviewing these Terms and
Conditions. Continued use of the Service after such changes shall constitute
your consent to such changes. We may make improvements and changes to the
Service at any time without notice. The Company may at its sole discretion,
terminate service without cause or notice. Although it is not the current
practice now, we reserve the right to suspend or delete accounts that are
inactive for over six months.
Modifications to Terms of Service
This Agreement will be governed by the laws of Ontario,
Canada without giving effect to any conflict of laws principles that may
provide the application of the law of another jurisdiction. You agree to
submit to the personal jurisdiction of the courts located within Ontario,
Canada for the purpose of litigating all such claims or disputes. Notwithstanding
the foregoing, we may seek injunctive or other equitable relief to protect
our intellectual property rights in any court of competent jurisdiction.