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& Connection Inc Terms and Conditions of Use
Welcome to And Connection, Inc. Terms and Conditions of Use (T’s & C’s)!
The terms (“us”, “we”, the “Company” and “&”) refer to And Connection, Inc. By accepting the T's & C's, you are agreeing to a contract between & Connection, Inc. and yourself (as defined further below). Please read and review our T's & C's because we want you to know both your rights and ours before you use &.
By creating an & account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our policies and rules incorporated into this Agreement:
and (iii) any terms disclosed and agreed to by you if you purchase additional features, products and/or services we offer within or associated to &. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time for a variety of reasons. The most recent version of this Agreement will be posted on www.andconnection.live and is the version that applies. If changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the change(s) (unless we’re unable to do so as a result of new or updated applicable laws) by reasonable means, which could include notification through the Service or via email or SMS. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
Before you can use the & service, you will need to register for an account (“Account”). To create an account or access &, the following must be true:
If any of the & Rules stated above are not true to you, then you are not authorized to create an account or access or use the Service or systems.
In order to use &, you may sign in using a number of ways:
If you create an Account using your Apple, Google, or Amazon login details, you authorize us to access, display and use certain information from the account (e.g., profile pictures, relationship status, location and information about friends). For more information about the information we use and how we use it, please review our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials that you used to sign up for &, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please contact us immediately.
If you feel the need to leave &, you can disable or delete your & Account at any time by going to the ‘Settings’ page when you are logged in and completing the ‘Disable / Delete Profile’ process. If you Delete your Account, your Account, Profile, Connections, and data will be deleted permanently from the App. Your profile information will be treated in accordance with our Privacy Policy.
We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal and/or other means available to enforce the Terms (including, without limitation, blocking specific IP addresses), at any time, without liability and without the need to give you prior notice.
We reserve the right to terminate or suspend your Account without notice (1) for violating these Terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct) if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) or for any reason(s) whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.
However, if you use a third-party payment account such as Apple’s App Store or the Google Play Store, you will need to manage in-app purchases through such an account to avoid additional billing.
& will continually be making improvements to the app for a better personalized experience. We have many future plans and goals to make & the best tool in the world for personal connections. In order for us to achieve this goal, we will continue to add new product features or enhancements, we may even remove or limit some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before removing them.
& strives to encourage a respectful member experience through features like the mutual opt-in to connect which allows members to communicate only after they have both indicated interest in one another by initiating a connection. & is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will NEVER provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.
You are solely responsible for your interaction with other members.
You understand that, at this time, & does not conduct criminal background checks on its members or otherwise inquire to the background of its members.
& makes no representations or warranties as to the conduct of its members.
& grants you:
This license is for the sole purpose of letting you use and enjoy &'s benefits as intended by & and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:
& may investigate and take any available legal action in response to illegal or unauthorized use of the Service, including termination of your account.
Any & software that we provide to you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
By creating an account, you grant & the rights and license to make your account accessible to others.
&'s license to your Content shall be exclusive with respect to derivative works (copyright) created through use of the Service. This allows & to protect you and your content, so that any screenshots of & that includes your Content authorizes & to act on your behalf, but not the obligation, to send notices pursuant to DMCA Takedown Notices on your behalf to third parties.
By creating an account, you grant & to a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third parties such as Apple, Google and Amazon, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content").
&'s license to your Content shall be non-exclusive, except that &’s license shall be exclusive with respect to derivative works created through use of the Service. In addition, so that & can prevent the use of your Content outside of the Service, you authorize & to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other & members).
You agree that all information that you submit upon creation of your account, including information submitted from your social media account(s), is accurate and truthful and you have the right to post the Content on the Service and grant the license to & above.
You understand and agree that we may monitor or review any Content you post as part of the Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our employees, you agree to be respectful and kind. If we feel that your behavior toward any of our employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.
In consideration for & allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to & regarding our Service, you agree that & may use and share such feedback for any purpose without compensating you.
Please be informed that & may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
By using the Service, you agree that you will not:
& reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that & regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. In the event that you violate these rules or our Community Guidelines, your authorization to use the Service will automatically be revoked.
Although & reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and & cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form.
& may offer products and services for purchase ("in-app purchases") through the App Store, Google Play Store, carrier billing, & direct billing or other payment platforms authorized by &. If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your credit card or a third party account such as the Google Play Store or App Store (your "Payment Method")) will be charged for the in-app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize & or the third party account, as applicable, to charge you.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us:
By email: admin@andconnection.live
By post:
And Connection, Inc.
&
321-12 Bonnycastle Street,
Toronto, Ontario
M5A 0C8
Canada
& DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
& TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
& PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
& may contain advertisements and promotions offered by third parties and links to other websites or resources. & is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. & is not responsible or liable for such third parties' terms or actions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL & EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED 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:
IN NO EVENT WILL &’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO & FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT.
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.
Except for members residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or & elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not, under any circumstances, commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against &.
2. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. If you assert a claim against & outside of small claims court (and & does not request that the claim be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant any relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
3.Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or provincial courts located in Toronto, Canada. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
4.The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr . & does not take part in dispute settlement procedures in front of a consumer arbitration entity for members residing in the EU or European Economic Area.
For members residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Canada will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, the Arbitration Agreement in Section 16 above shall be governed by the Commercial Arbitration Act.
Except for members residing in the EU or European Economic Area who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with & that, for whatever reason, are not submitted to arbitration will be litigated exclusively in the courts of Canada. You and & consent to the exercise of personal jurisdiction of courts in Canada and waive any claim that such courts constitute an inconvenient forum.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless &, 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 attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
This Agreement, which includes the Privacy Policy, Cookie Policy, Community Guidelines and the Arbitration Procedures (if applicable to you), and any terms disclosed and agreed to by you if you purchase additional features, products and/or services we offer on the Service, contains the entire agreement between you and & regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your & account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind & in any manner.
& Privacy Policy
Welcome to &'s Privacy Policy.
In order for you to trust us with your information, it's important that you know what information we collect, why we collect it, how it is used, and your choices regarding the information you share with us.
This Privacy Policy applies from April 1, 2022.
EFFECTIVE DATE: April 1, 2022.
1. Who We AreAnd Connection, Inc.
&
321-12 Bonnycastle Street,
Toronto, Ontario
M5A 0C8
Canada
This Privacy Policy applies to all & owned apps, websites, events and other services we operate under the & brand.
3. Information We Collect& collects the information you provide and declare to us in order to create your profile. We also collect information about your usage of our services, as well as information from third parties, such as service providers, or linked social media accounts. We then store this information securely.
Information You Give UsYou provide & certain information when using our services. This includes:
In addition to the information that you provide us with as a direct result from using &, we may also receive information about you from others, including:
Your usage of & services provides us with data about the features you’ve used, how and when you’ve used them, and the device(s) you use to access your profile and & services. See below for more details:
In addition to your phone number and email, we use SDKs, pixels, web beacons, and cookies to recognize you and/or your device(s).
5. How We Use InformationWe use your information to:
This also enables us to:
To process your information as described in this Privacy Policy, we rely on the following legal bases:
Provide our service to you: We process your information, as listed above, to perform the contract that you have with us of connecting you with others via &.& mainly shares your information with other members in order to help you make meaningful connections!
From time to time, we may also share some members’ information with service providers and our operating partners. In some cases, we may need to share member information with legal authorities. Here are more details about how your information may be shared with others:
With other membersYour public profile information is shared with other members when you voluntarily disclose information on the service. & provides you with the ability to hide any and all of your profile information, and to unlock your profile information with your specific connections.
With our service providers and partnersOur third parties help us to operate, maintain, and improve our services. We may also share information with our partners for advertising purposes. All of our partners must agree to strict confidentiality obligations.
With law enforcement / when required by lawWe may disclose your information, if necessary, to comply with a law or regulation.
To enforce legal rightsWe may disclose your information if:
Sharing of information listed above in Section 6 involves cross-border data transfers in Canada and the United States of America.
For other countries whose data protection laws have been deemed adequate by the European Commission, we use standard contract clauses:
8. How Long We Retain Your InformationWe will keep your personal information only for as long as we need it for legitimate business purposes, and as long as permitted by applicable law.
We are required to keep limited information by law, as laid out below:
We maintain limited information on the basis of our legitimate interest, as laid out below:
We maintain information on the basis of our legitimate interest:
& is a service for individuals 18 years of age or older. Our services do not permit individuals who are under 18 years of age to use our services
10. Privacy Policy ChangesThis policy may change over time. We will notify you at least 30 days in advance of any changes taking effect so that you may review these coming changes and prepare for them .
11. How to Contact UsIf you need to contact us about this Privacy Policy, you may email or mail us:
By email: admin@andconnection.live
By post:
And Connection, Inc.
&
321-12 Bonnycastle Street,
Toronto, Ontario
M5A 0C8
Canada
& Cookie Policy
No, this page isn't about when we give away free delicious cookies, but if we did it would be on December 4th for international cookie day!
Cookies are used to help & remember information about your site visits, the details you share, and help make it easier for your future visits.
About cookies
Cookies are stored in your web browser or your device’s memory. They are a small piece of text sent to your browser by a website you visit. The details in a cookie usually contains the site URL from where the cookie originated, the time when the cookie expires, and a randomly generated unique number or similar identifier. A cookie also may contain information about your device, which is mainly your browsing history.
What cookies we use
We use first-party cookies, which are placed on your device directly by us, to help us adapt our website to your browser’s language preferences and to better understand your use of our website.
We also use SDKs and Pixels
SDKs (software development kits) are small pieces of code included in apps, which function like cookies.
Pixels are tiny files that contain a unique identifier that allow us to know when someone has visited our service, and allow us to understand where traffic to our sites comes from.
What are these Cookies, SDKs and Pixels (codes) used for?
These codes are primarily used to remember your preferences, recognize you when you visit our sites or recognize you in our app(s), and to measure the success of our advertising.
When you use our services, some or all of the following types of codes may be set on your device(s)
How can you control these?
Cookies are primarily used in web browsers, you may limit them by using private browsing modes, deleting your cookie history, or using an ad blocker.
SDKs permissions usually require you to opt-in and acknowledge the software development kit permissions. You may edit or control these permissions within your device settings.
Browser and devices controls
For web browsers, in your browser settings you may control or reject cookies, and some browsers and sites alert you when a cookie is placed on your browser.
For mobile devices, you may be able to reset device identifiers or opt-out from having identifiers collected or processed by using the appropriate setting on your mobile device.
How to contact us?
If you have questions about this Cookie Policy, you can contact us via:
By email: admin@andconnection.live
By post:
And Connection, Inc.
&
321-12 Bonnycastle Street,
Toronto, Ontario
M5A 0C8
Canada
& Community Guidelines
Welcome to &!
& is designed to be the world's best tool for personal connections. However, we can't make that possible without you!
& is an inclusive and safe environment. If you do not believe in inclusivity and equality, please do not join our community. We expect you to be respectful, considerate and abide by our community guidelines both on and offline. We want everyone to find their '&', which is why we created &. Please don't make decisions or take actions that prevent us from helping you find your &!
Below is a list of our community policies. If you violate any of these policies, you may be banned from &. Your offline behavior may also lead to the termination of your account and banning you from future use of &. We encourage you to report any behavior that violates our policies.
& does not allow:
Public Profile Nudity
We understand and respect sexuality, however & does not allow nudity or sexually explicit content.
Harassment
& is a safe environment. Do not engage nor encourage others to engage in any targeted abuse or harassment against any user. Stalking, threats, bullying, intimidation, or any other form of harassment is not tolerated.
Violence and Physical Harm
Violent, graphic, or gory content on & is not allowed. Violence of any sort, including but not limited to threatening or promoting terrorism, physical assault, coercion, and any acts of violence, including suicide or self-harm, is strictly prohibited.
Hate Speech + Discrimination
& is a safe environment. All races, gender identities, sexual orientations, beliefs, ideologies, and walks of life are celebrated here.
Racism, bigotry, hatred, homophobia, or violence against individuals or groups based on factors like (but not limited to) race, ethnicity, religious affiliation, disability, gender, age, national origin, sexual orientation, or gender identity is not allowed.
Any content or messages that promote, advocates for, or condones discrimination should be reported, and we will deal with it accordingly.
Private Information
Never send money or share financial information. Protect your personal information.
Protect your personal information. Do not share social security numbers, passports, passwords, or financial information.
Unless you feel comfortable, do not share contact information, such as phone numbers, email addresses, or home/work address.
Spam + Scamming
Spamming and scamming is prohibited. Do not lie, do not create fake profiles, do not abuse the & environment with lies or scams. Do not ask for money, and do not direct users to other websites.
& has a zero-tolerance policy in regard to scams. Anyone attempting to get other users’ private information for fraudulent or illegal activity will have their account terminated and will be banned from using this app.
If you are caught sharing your financial account information, or requesting money from other users, your account may be terminated and you may be banned from using &.
Promotion or Solicitation
Soliciting on & is prohibited. If you want to promote to & users, you may inquire about paid advertising, but please do not match with someone just to try to sell them something.
If the purpose of your profile is to advertise your event or business, non-profit, political campaign, contest, or to conduct research, we may delete your account.
Prostitution and Trafficking
Any promotion of commercial sexual services, human trafficking or other non-consensual sexual acts is strictly prohibited.
Impersonation
& is a safe environment, and it is safe for you to be yourself here. As others are being themselves, we expect you to be yourself, as well.
Impersonating or misrepresenting any person or entity is not allowed. Don’t pretend to be someone that you are not.
Minors
In order to use &, everyone must be 18 years of age or older.
If you include pictures of children or minors in your profile, you must also be in the photo. If you see a profile that depicts a minor in a sexual or suggestive way, or includes an unaccompanied minor, please report the profile to us immediately.
Copyright and Trademark Infringement
Only post pictures of your work, or photos you are allowed to use from the owner. Do not post any work without permission that is copyrighted or trademarked by others.
Account Dormancy
We reserve the right to delete your account if it has been inactive for 2 years or more.