Preamble: Definitions
Trystana Social Media Inc. is the sole owner of domain names and operator of online website www.Trystana.com. Any and each of the terms "Trystana", "Company", "we", "us" and "our" refer to Trystana Social Media Inc in this Agreement. Trystana's website users or Trystana's other services' users are referred to as "Member", "Subscriber", "user", "users", "you", "your" and/or "yours" hereinafter. The term "Agreement" refers to the latest version of Trystana’s terms of services and privacy policies as elaborated in this same page. The Agreement is a binding contract between us and you. The terms "Content" and/or "content" refer to any information and data you may submit during and in the course of the use any of our website and/or any of our services. Your "personal information" is any information we collect from you on our website digitally, including, but not limited to, your photos, age, geographical location, demographics and ethnic background.
Acceptance of terms of services
By accessing our services or website, you shall agree to this Agreement, irrespective of whether or not you are our registered user. Before you attempt to use any of our services, you must concede to all provisions of this Agreement inclusively. By this Agreement, you shall enter into a binding contract with us. You may demonstrate your consent to the provisions of this Agreement either by clicking on "Sign Up" when you sign up to our services, or by actually using our website and/or services. By using our services you acknowledge that you are of the legal age under any law that may be applicable. Moreover, you acknowledge that you are at least 18 years old, as this is required under Ontario laws to conclude binding contracts. We hereby reserve the right to review, amend and/or change this Agreement at any time without advance notice. Any new revisions or amendments to this Agreement shall be dated and posted on this page. It remains your sole responsibility to consult this page periodically to learn the latest changes and amendments to this Agreement. By continuing to access our website or use any of our services, you acknowledge that you agree to the most recent version of this Agreement as is electronically accessible on this page. If at any time you do not agree with any provisions of this Agreement, please cease accessing our website or the usage of our services.
Using our services
General
You must be at least 18 years old to use or access our services, website or its features. You will be a "Member" or
"Subscriber" of our website and/or services if you create an account, sign up on our website, or add our application
on a social network. Members and Subscribers are able to use and access certain features of the website. With
becoming a Member or Subscriber to our website and/or services you shall agree that:
(a) You shall comply with terms of services and our privacy policies.
(b) You are at least 18 years old.
(c) You have never been convicted of any criminal offenses including but not limited to sexual offenses.
(d) You keep your personal information accurate, credible and up-to-dated.
(e) Photos of you uploaded to your profile are at maximum one year old.
(f) Your personal information will be stored in Trystana's online repository and will be shared among other Trystana's
users. Therefore, you warrant that, to your best knowledge, your personal information is correct, current and true.
(g) You shall treat other Trystana's Members and Subscribers with respect and dignity.
(h) Upon signing up on our website, we collect and store your computer's IP address along with the date and
time when you have signed up.
(i) If we find or receive any reports that your personal information is incorrect, false, or misleading to us
or Trystana's other users, your account shall be suspended or closed permanently without notice. In such an event,
we do not guarantee a re-opening of that account or accepting a new membership application for opening a new account
from you in the future.
(j) We hereby reserve the right to use our discretion to suspend or close any accounts belonging to any Members or
Subscribers residing in countries or regions that are, or will be, subject to sanctions from the Federal Government of Canada,
the Government of Ontario, or the United Nations. A Trystana Member or Subscriber residing in such a country or region
shall use our website and/or services at his/her risk. Trystana shall not be liable for such a usage.
(k) Your account is dedicated to you solely for your personal use and is non-transferable. You hereby acknowledge that
you will not share this account with any other individuals, parties, companies and their affiliates.
(l) Each individual can only have one and only one, account with Trystana. Any attempts to create more than one account
will disqualify you from using our services and may lead to closure or suspension of all your accounts with Trystana
without notice. You agree that you are not including any pieces of the information elaborated below in your personal
profile or while sending and exchanging messages with other Trystana's Members and Subscribers:
i. Any sort of website addresses or URLs in an explicit format or any expressions that implies a website address.
ii. Quoted chat or email contents.
iii. SMS contents.
iv. Telephone numbers or mobile numbers.
v. Text messaging short codes.
vi. IP addresses.
vii. Street addresses.
viii. Last names.
ix. Email addresses.
x. Any kind of usernames and or passwords.
xi. Offensive pictures with nudity or adult contents.
xii. Any sort of copyrighted materials, trademarks, work forms and intellectual properties without the written consent of their owners.
(m) You agree that all messages, contents in any means and photos bound to your account are originated by you solely
and you will assume the responsibilities associated with all said contents and materials. Trystana shall not be responsible
for any breaches of other individuals’ rights that may occur as such. Also, Trystana will not defend you in any law suit
that may ensue from any breaches of rights via exchanging messages or the said contents.
(n) You agree that you shall not use our services to send, publish or exchange any threatening messages, offensive words,
harassments of any kind, insults, personal or sexual abuses and any sort of discriminations, including but not limited
to racial or sexual.
(o) You agree that you shall not use our website and/or service for any objective of business nature, including any sort of
marketing, creating marketing campaigns and promoting your own business, or any other third party businesses.
(p) You agree that you shall provide Trystana with your complete and current personal information whenever Trystana instructs
you to do so. You agree that you will report us any users’ violations of the terms of services in this Agreement, if you
at any time learn of any.
(q) You acknowledge that Trystana will be using "Facebook Connect" button to log you in to Trystana's website. Nothing will be posted
on your Facebook profile or your Facebook's news feed without your explicit permission when using "Facebook Connect" button.
Your account security
You acknowledge and agree that it is only your responsibility to keep your account credentials confidential. You shall not share your username and password information with anybody else under no circumstances. You shall notify Trystana immediately of any security breaches, suspicious activities on your account, or unauthorized use. You hereby acknowledge that to your best power you shall employ as much as prudence that is necessary to prevent any abuses of your account. If you use your account on public computers including but not limited to libraries, it is your responsibility to sign out from your account before leaving the place. We assume that you are aware of internet security issues. You understand and agree that internet is not a secure medium. Therefore, all your communications, information and data transfer online are subject to sniffing, interference, listening, theft and corruption. You agree that Trystana's security procedures are reasonable and adequate to your requirements so that neither Trystana nor its affiliates are responsible for any data losses, data disclosures and leaking information. You must make sure that you have completely logged out and closed your session created by Trystana's website properly once you have finished your activities. You agree that we are not liable to log you out from our website. You agree that all activities, consequences, damages, losses or failure to comply with these provisions under your account's username and password are assumed your sole liability.
Usage of your contents and personal information
You agree that you will be liable for your personal information, contents, messages, materials and photos upon and after submitting
them to Trystana's website. You also agree that sending messages to Trystana or other Trystana's Members have been originated by you
and you assume the full responsibility of those messages.
You also grant Trystana, its partners, affiliates, licensees, cooperators and successors an irrevocable, non-exclusive, royalty-free,
transferable, sub-licensable and worldwide license to use your personal information and contents in order to:
(a) Publish
(b) Public posting
(c) Display
(d) Available to search
(e) Adapt
(f) Distribute
(g) Incorporate into other works such as websites, search engines' search results, computer applications or media
You also agree and warrant that the usage and public publishing of your contents and personal information by Trystana shall
not violate the rights of any third parties.
The license granted by you to Trystana ends when you deactivate your account on our website except when your contents or
personal information are shared with others and they have not deleted them.
Trystana's rights
a. Changes to Trystana's business and its website: You acknowledge and agree that we may want to make modifications on the
website or Trystana's business model whenever it is required and decided without notice. These changes include adding,
trimming, removing, cancelling, discontinuing and restricting access to some or all portions of the website or Trystana's
business at any time temporarily or permanently.
b. Denying service to users: You agree that Trystana has the right and discretion to cease its services without notice
to any users by blocking Members' accounts at any time. Also, Trystana reserves the right and discretion to decline
any applications to open a membership account.
c. Maintaining integrity: You acknowledge and agree that Trystana has the right to block the access of Members from
certain IP addresses to the services provided by the website in order to maintain and protect the integrity, security,
safety and the performance of the website according to Trystana's judgment. Although Trystana's website is a self defended
entity, you agree and acknowledge that you are not using any sort of applications to put excessive loads on Trystana's
website pages by employing different hardware or software technologies including but not limited to loading or rebooting
website pages by scripts or any third party tools, using robots, pinging the website, or trying to hack the website,
accessing the repository, packet sniffing, or corrupting data. Should Trystana find your failure in complying with its
integrity policies from but not limited to its employees, technical tools, affiliates, partners, or other website Members
and Subscribers, you agree that we have the right to suspend your account permanently and we will proceed the case through
any legal channels to prosecute the offender to the maximum extent of the civil and/or criminal penalties provisioned and
permitted by the law. The pattern of creating excessive loads on the website or the breach of this clause is determined
and judged by Trystana and its employees solely.
d. Right of reviewing member's contents: You agree that Trystana has no duty and responsibility to monitor, pre-screen,
control, edit and modify Members' accounts, contents, photos, profiles, emails, messages, chat contents and other activities.
You acknowledge and agree that Trystana may however wish to review, delete, change Member's profiles, pictures, messages,
contents and emails if they are found non-complying with this Agreement, unsafe, violating the right of other Members and
users at any time without notice.
f. Right to research: You acknowledge and agree that Trystana records all users' and Members' activities on the website to
collect technical and behavior patterns for Research and Development purposes in order to improve Trystana's services.
g. Copyright: You agree that Trystana is the owner of the website and the services provided by the website. Also, you
agree that both Trystana and its licensors possess the proprietary rights on the website and its services. The entire site
contents including but not limited to profiles, photos, logos, contents, messages, material and trademarks are copyrighted
and protected under international copyright laws and treaties. You shall not copy, distribute, post, publish, broadcast,
print, sell or alter these copyrighted data and information under any circumstances unless consented by Trystana in written
and signed paper. You also agree that you shall not index and/or crawl with a robot, portions of the website that is only
available to Members.
h. Prosecuting attackers: You agree and acknowledge that regardless of whether you are a Member of the website or the website
visitor, any attempts to hack the website including but not limited to access or alter the website codes, access or alter the
database data, access or alter Members' profile information, exploring administrative accounts, changing DNS, or using other
Members' credentials to login and perform any activities on Trystana's website are considered an attack or hack. Trystana reserves
the right to employ any available technologies to locate and find the attacker in order to have the attacker prosecuted and
penalized under available international or domestic laws.
Disputes
Any disputes arising from the use of Trystana services and/or website, or any disputes that you may wish to file against us, shall be governed by the laws of the Province of Ontario, Canada and shall be exclusively pursued before the courts of the Greater Toronto Area. If you wish to file a dispute against us, you shall assume any associated and relevant expenses.
Indemnity
You agree that you will indemnify and protect Trystana, its board of directors, managers, employees, affiliates, partners, agents and contractors from any consequences, losses, damages, liabilities, debts, demands, financial charges and legal disputes made by any third parties arising from using our website or Trystana's services by you due to breaching this Agreement or using the Trystana’s website and/or services wholly.
Using your email address
You agree that we can send you emails containing offers, service-related announcements, other users' communications with you, or notices required by law to the email address that you have provided us in your membership account. Please note that we are required by law to send out certain notices. We will also need to circulate notices regarding maintenance and technical problems.
Accounts
Deactivating your account
You are able to deactivate your account at any time you wish through the web link or other alike features provided on our website. Upon deactivating your account, your profile, information and photos will become hidden and non-searchable to the website users and Members. Your information shall be preserved in our repository. However, upon deactivating you account, you shall no longer be liable for the terms of this Agreement and you shall no longer be assumed a Member.
Reactivating your account
You will be able to reactivate your account by logging in to our website using your previously assigned credentials. Once you reactivate your account, the provisions of this Agreement shall be in effect.
Our services fees
Services provided by Trystana are currently free of charge. No charges or hidden fees are involved.
Disclaimer
TRYSTANA SOCIAL MEDIA INC. HAS CREATED AND MADE THIS WEBSITE UP AND OPERATIONAL "AS IS" AND "AS AVAIALBLE". TRYSTANA IS USING A
NETWORK OF INTERNET GATEWAYS, EMAIL SERVICE PROVIDERS, DIFFERENT PROTOCOLS, INFRASTRUCTURES, ROUTERS, HARDWARE, SOFTWARE AND THIRD
PARTIES. DUE TO THE COMPLEXITY OF THIS NETWORK, DIFFERENT FACTORS KICK IN WHILE DELIVERING OUR SERVICES. THEREFORE, TRYSTANA SHALL
NOT ASSUME ANY RESPONSIBILITIES FOR ANY FAILURES OR DELAYS CAUSED BY THOSE NETWORKS, ROUTERS, GATEWAYS, HARDWARE AND SOFTWARE,
CARRIERS, HUMAN ERRORS, BLACKOUT, DISASTER, GOD ACTS, STORM, EARTHQUAKE, HEAVY SNOW FALL, WARS AND ANY TYPES OF UNFORESEEN EVENTS
WHICH ARE OUT OF THE CONTROL OF TRYSTANA. HOWEVER, TRYSTANA SHALL PUT ITS BEST EFFORTS TO MONITOR THE WEBSITE AND KEEP IT UP AND
OPERATIONAL WITH THE LEAST OUTAGE PERIOID. YOU SHALL USE OUR SERVICES AT YOUR OWN RISK WITH THE ASSUMPTION THAT OTHER NETWORKS,
AGGREGATORS, FACILITIES, ROUTERS AND CARRIERS ARE WORKING PROPERLY.
THE CONTENTS AND MATERIALS POSTED BY OTHER MEMBERS OF TRYSTANA DO NOT REPRESENT TRYSTANA'S OPINION. TRYSTANA SHALL NOT BE ASSUMED
LIABLE FOR ANY LOSSES, COMPENSATIONS, DAMAGES AND CONSEQUENCES ARISING BY OR UNDER USING OUR SERVICES, DATA LOSS, DATA CORRUPTION,
HACK, ATTACK AND PACKET SNIFFING.
FROM TIME TO TIME, TRYSTANA MAY WANT TO UPGRADE, IMPROVE OR DEVELOP SOME FUNCTIONALITY OF THE WEBSITE THAT MAY REQUIRE THE WEBSITE
BE UNAVAILABLE FOR A CERTAIN PERIOD OF TIME TEMPORARILY. IN SUCH AN EVENT, WE SHALL NORMALLY SEND NOTICES TO ALL OUR MEMBERS IN
ADVANCE BY EMAIL. WE ASSUME THAT SUCH EMAILS ARE DELIVERED AND READ.
Using the name of Trystana Social Media Inc.
You agree that the names below represent Trystana Social Media Inc. entity in your emails, printed material, websites, newsletters
and any formats of any digitally and non-digitally provisions:
(i) Trystana Social Media Inc.
(ii) Trystana Inc.
(iii) Trystana Social Media.
(iv) Trystana Corporate.
(v) Trystana Corporation.
(vi) Trystana Incorporate.
(vii) Trystana Incorporation.
(viii) Trystana.
Business days
All holidays, weekends and business days are counted according to the calendar of the Province of Ontario, Canada. Also Business hours described in the website are based on USA and Canada Eastern Standard Time.
Links to other websites
Trystana's website may contain links to other websites. Trystana is not responsible for the contents of those websites, their privacy policies and their terms of services. This is your sole responsibility to practice those websites policies and terms of use.
Privacy policy
Information collected by Trystana
(a) Trystana collects some personal information from you including but not limited to your first name, last name, email address,
birthday, height, gender, sexual orientation, relationship status, children, ethnicity, education, religion and political view,
interests, social behavior in terms of drinking or smoking, your photos, geographical location including the postal code of the
place where you are located. This information will not be shared with any third parties or entities outside of Trystana, except
with you prior consent or when required by the law as elaborated below. Also, certain information such as your browser type and
IP address is collected for security monitoring and advertising purposes. This information may be shared with other third party
entities.
(b) In the event of integrating with any third party services, or partners, that requires your account and/or personal information,
your prior consent will be asked in order to share or disclose your information. In such a case, you must comply with the privacy
policy and terms of use of the other entity or the partner.
(c) In the event of acquisition by a third party entity, sales, or merger with other entities, we will transfer all your information
to the merger(s), acquirer(s), or the buyer(s).
(d) We shall transfer your information to courts, government authorities, if we are demanded to do so.
(e) In the event of bankruptcy, dissolution, corporate restructuring, or obligations toward creditors, we may not be able to oversee
your information, control it and protect it. In such a case you agree and acknowledge that all officers, managers, affiliates,
employees and contractors of Trystana are protected and harmless from any arising consequences of any of these unfortunate events.
Data geographical location
We have hosted our website in Canada. Therefore, you agree and acknowledge that all your data and personal information are transferred to Canada and retained there. You agree and acknowledge that our privacy policy and terms of use Agreement precedes any privacy policies that may be applicable in your country. Your country's privacy policies and terms of use and laws shall be void throughout your continuous use of our website and/or services.
Cookies
We may create some cookies on the computer where you are accessing the website and/or services. These cookies record session information, and some data used to keep your session with Trystana's website open and operational. We strongly recommend you close your session by logging out from the website, especially when accessing the website on public computers.
Revising privacy policy
We reserve the right to revise this Agreement which embraces our privacy policy and Trystana's terms of use from time to time. Latest version of this Agreement shall be dated and posted on our website without any advance notice. You will be responsible to check it out periodically.