Effective date: June 15th, 2021

Welcome. We are humbled that you are here, with us. Please read through this Terms of Service agreement carefully before accessing or using ContentGems. Together with our Privacy Policy, these terms form the basis of our relationship.

Inspired by the Seven Sacred Teachings of Humility, Truth, Honesty, Wisdom, Respect, Courage and Love, we reject Western models of one-sided ownership and control. We acknowledge that digital domains are not independent of the historical injustices built into our physical world and we are committed to challenging colonial attitudes in all their forms. We look to consistently apply these values in every one of our business relationships.

We intend to communicate these terms in plain language and have provided short, non-binding summaries in addition to the full legal terms. Establishing a Respectful relationship with our users requires meaningful reciprocity and a willingness to respond to your needs. If you have any questions, please don’t hesitate to let us know at support@contentgems.com.

Thank you kindly.

Summary

Section	What you will find
Definitions	What we mean when we talk about ____.
Land Acknowledgement	Acknowledgement of the unceded territories in which we work and live.
Acceptance & Changes	How we obtain your consent and update these terms.
Acceptable Use & Security	Your use of our services.
Privacy and Confidentiality	How we protect your information.
Intellectual Property & Data Sovereignty	Ownership of content on the Website and how we manage copyright claims.
API Integrations	How the Website integrates with third party services.
Account Suspension & Termination	Our ability to suspend or terminate your account.
No Warranty	It is what it is.
Liability & Indemnification	Acceptance of risks and limitation of liability for your use of the Service.
Communications	How we communicate with you and how to contact us.
Small Print	Standard terms to support interpretation of the Agreement and resolve disputes.

Definitions

Short version: We use defined terms to communicate specific meanings throughout the Agreement.

The “Agreement” refers, collectively, to all the terms and conditions contained in this document (collectively, the “Terms of Service”), together with our Privacy Policy, published on our website and updated from time to time.
“Animikii,” We” and “Us” refer to Animikii Inc., a company incorporated under the laws of Canada, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents and employees.
“Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. “User-Generated Content” is Content, written or otherwise, created or uploaded by users. "Your Content" is Content that you create or own. “Third Party Content” is Content generated by the Service using third-party data sources.
The “Service” refers to the applications, software, products, and services provided by Animikii Inc. through ContentGems.
“The User”, “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service.
The ”Website” refers to ContentGems website located at http://www.contentgems.com, and all content, services, and products provided by Animikii Inc. at or through the Website. Occasionally, websites owned by Animikii Inc. may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.

Land Acknowledgement

We are grateful to have our headquarters on the unceded traditional territory of the Lekwungen (Songhees) Peoples of the Coast Salish Nation.

Throughout our work at Animikii, we promote a spirit of respectful reconciliation between Indigenous and non-Indigenous peoples with an acknowledgement of harm that has been inflicted and a commitment to real actions that need to be taken to deliver positive change.

Acceptance & Changes

Short Version: You accept these Terms of Service by using our Service.

By signing-up through the Website or using the Service, you are accepting the terms of the Agreement.
We may update these Terms of Service at any time. We will notify you of material changes to the Agreement with 30 days’ notice prior to the change taking effect, with the notice posted on the Website or by email to the address associated with your account. Your continued use of the Website or the associated Service following those 30 days constitutes acceptance of the updated terms.
An archive of these terms will remain available for your review.
These Terms of Service, together with our Privacy Policy, represent the entire agreement between you and Animikii. It supercedes any prior agreement and any other communications between you and Animikii.

Acceptable Use & Security

Short Version: Please don’t break anything. Sorry, no kids or robots.

You must be at least 13 years old to use the Website or the Service.
One account per person. Do not share login credentials or allow anyone else to use your account. If you are using a public computer or shared device, please take steps to prevent account credentials being saved to the device.
You are responsible for all activity within your account. Please input accurate information through our Service and do not create duplicate accounts. While we will not verify your identity and do not require legal names, we reserve the right to suspend or terminate accounts where they introduce incorrect data into the Website.
Subject to approved API integrations, you must be a human to access the Website or use the Service. No bots, automated bulk activity, or data scraping is permitted.
Please do not interact with the Service in a way that could harm the Website or impair our delivery of the Service to other users. We reserve the right to suspend your account or throttle bandwidth if your network activity or use of our computing resources disrupts our operations.
You are prohibited from using the Service for spam, malware, or any illegal activity.
If you suspect that a privacy or security incident has occurred relating to the Website, including unauthorized use of the Service through your account, you will promptly send an email to support@contentgems.com with a complete description of the incident.

Privacy & Confidentiality

Short Version: We keep secrets. Please read our Privacy Policy.

You acknowledge and agree that our Service is governed by our Privacy Policy.
We consider the contents or your account to be confidential to you. We will protect the contents of your account from unauthorized use, access or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
Our personnel may access your account in accordance with our Privacy Policy. We may also access your account information when compelled by law or, with further notice, for such purposes as de-identified analytics reporting.

Intellectual Property & Data Sovereignty

Short Version: We own the Website itself. You own your content and give us a license to use it for the Service. Third parties own their data.

We retain ownership of all intellectual property rights of any kind related to the Website and the Service. You may not duplicate, copy, or reuse any portion of the Website, including user design interfaces and source code, without express written permission from Animikii.
You may create or upload User-Generated Content while using the Service. You retain ownership of Your Content. You are solely responsible for Your content and for any harm resulting from Your Content. If Your content contains anything that you did not create yourself or if you do not own the rights (e.g. your employer’s content), you agree to fully comply with any third party licensing relating to Your Content.
We acknowledge the historical misuse of Indigenous data by colonial institutions and are committed to supporting Indigenous Data Sovereignty in accordance with the laws, practices, and customs of Indigenous Peoples. As we work to decolonize intellectual property rights, we respect the rights of Indigenous Peoples with regards to data.
For the Service to function, we need you to grant us certain rights to use Your Content. You grant Animikii the right to publish, display, parse, store, archive, and make incident copies of Your Content as necessary to provide the Service. This license includes the right to make copies within our database and backups; show it to you and other users; create searchable records; and perform it in case your content is something like music or video. It does not include the right to sell your content or otherwise transfer it outside the Service.
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise our license rights, but not otherwise.
If the Service generates Content from third-party data sources, such third-parties will retain ownership of all intellectual property rights for the generated Third-Party Content.
If you believe that content on the Website violates your copyright, please contact us at support@contentgems.com. We reserve the right to terminate user accounts that repeatedly infringe the intellectual property rights of third-parties.

API Integrations

Short Version: You agree to these API terms when you integrate a third-party service to your account with the Website.

The Service may be integrated with third party services through an application programming interface (“API”). Such third-party services are independent of our operation or control and subject to their own terms of use. We may not be able to preserve the confidentiality or privacy of your information once it has left the Website.
Our API may only be used in accordance with accompanying documentation. Excessively frequent API requests may result in account suspension or termination.

Account Suspension & Termination

Short Version: We reserve the right to suspend or terminate your account for violation of these terms.

We reserve the right to modify the Service for any reason, without notice, at any time.
We may suspend or terminate your account if you do not comply with these Terms of Service, our Privacy Policy, or if we are investigating suspected misconduct.
We may terminate the Service for any reason, with at least 60 days’ notice to you.
Upon termination of your account or the Service itself, we are under no obligation to retain data associated with your account.

No Warranty

Short Version: Nothing is perfect. Please use the Website and associated Service at your own risk.

Your use of our Service is at your sole risk. Animkii provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Animikii does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

Liability & Indemnification

Short Version: Please read this section very carefully. It limits your ability to claim damages against us. If you cause a dispute, we will not be involved.

You expressly understand and agree that Animikii will not be liable to you or any third-party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Website and any associated Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Animikii (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Animikii of all liability); and (3) provides to you all reasonable assistance, at your expense.

Communications

Short Version: We use email to communicate with you.

You acknowledge that we will use your email address to communicate with you and expressly consent to receive electronic communications from Animikii. Please ensure that you periodically review your junk/spam folder to ensure that no important messages are being lost. We may not be able to provide the Service if you have opted-out of communications.
You can contact our technical support team at support@contentgems.com. We do not offer phone support. Legal notice to Animikii must be in writing and served on Animikii’s registered corporate address.

Small Print

Short Version: We need to explain certain terms to help avoid conflicts.

Disputes. In the event of a dispute arising out of or in connection with this Agreement, or in respect of any legal relationship associated with it or from it, which does not involve Animikii seeking a court injunction or other injunctive or equitable relief to protect its business, that dispute will be resolved as follows:

You and Animkii agree that each party will make reasonable efforts to resolve any disputes arising between us by amicable negotiations.
If you and Animikii are unable to resolve the dispute through negotiation, this Agreement between you and Animikii and any access to or use of the Website or the Service are governed by the federal laws of Canada and the laws of the Province of British Columbia, without regard to conflict of law provisions. You and Animikii agree to submit to the exclusive jurisdiction and venue of the courts located in Victoria, British Columbia.

Assignment. You may not assign rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment by you is void.
Interpretation. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Animikii to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.
No Exclusivity. We reserve the right to provide the Service to other users and make no promise of exclusivity in any particular market segment or geographic region.
Survival. Our rights under this Agreement will survive any termination of this Agreement.