Terms of Service

Last updated: June 16, 2020


Introduction
These Terms of Service govern your use of www.alextooby.com, igivyleague.com, and other websites operated by Tooby Consulting Corp. (the “Sites”) and your purchase of and access to courses and content available through the Sites, including Instagram Ivy League and Instagram Masterclass (the “Courses”, each a “Course”). 


Your use of the Sites and your purchase of a Course is conditional on your acceptance of these Terms of Service and our Privacy Policy, which is incorporated into these Terms of Service by reference.  By using the Sites or purchasing a Course, you accept these Terms of Service in full and without reservation and agree to be bound by them.

 

If you disagree with these Terms of Service, you must not use the Sites or register for a Course.


You must be at least 18 years of age to use the Sites. By using the Sites and by agreeing to these Terms of Service, you warrant and represent that you are at least 18 years of age.


Copyrights and Trademarks
The text, images, graphics, videos, scripts, guides, articles, spreadsheets, documents, and other materials available through the Sites or the Courses (“Content”), as well as the look and feel and arrangement of the Sites and the Content, are the sole property of Tooby Consulting Corp. and its licensors and are protected by copyright law.

 

All trademarks, logos, and tradenames that appear on the Sites or in the Content are property of Tooby Consulting Corp.  You may not use or reproduce any of our trademarks or any confusingly similar trademarks, or pass off your products or services for products or services associated, affiliated, or endorsed by Tooby Consulting Corp.


Subject to the limited rights described below, all intellectual property rights in the Sites, Courses and Content are reserved.


You agree that Tooby Consulting Corp. is the sole owner of the Content and that you have no rights to use, reproduce, or distribute any Content other than as permitted by these Terms of Service.


Without limiting the foregoing, you agree not to:


  • republish any Content in print or digital media (including republication on another website or social media account);
  • sell, rent or sub-license any Content, or materials derived from the Content;
  • display any Content in public;
  • use the Content to create competing or substantially similar works;
  • reproduce, duplicate, copy or otherwise exploit any Content for a commercial purpose;
  • edit or otherwise modify any Content;
  • redistribute Content to third-parties (where Content is specifically made available for redistribution on the Sites, it may only be redistributed within your organization for internal use); or
  • republish or reproduce any part of the Sites through the use of iframes, screenscrapers, or other automatic means.


Confidentiality of Course Content
The materials made available to you when you purchase a Course or access non-public Content are confidential and proprietary. By purchasing a Course or accessing restricted Content, you agree that you will only use the Content as a personal, educational resource and will not disclose the Contents to third-parties, pass off any Content as your own (including by using Content to create substantially similar materials), or use the Content to compete with us.


Acceptable use
You may use the Sites and the Content only in accordance with applicable laws and these Terms of Service.


You may only view, download for caching purposes only, and print Content for your own personal use, subject to the restrictions set out elsewhere in these Terms of Service. 


Without limiting any other provision of these Terms of Service, you agree not to:


  • use the Sites or the Content in any way that causes, or may cause, damage to the Sites or the Content or that may impair the availability or accessibility of the Sites;
  • Use the Sites or the Content in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • conduct any systematic or automated data collection activities on the Sites without our express written consent, including scraping, data mining, data extraction, data harvesting, framing (iframes), or article spinning;
  • mislead or deceive us or others, including by submitting false information when you purchase a Course or a misleading or fraudulent claim for a refund;
  • take any action that imposes an unreasonable load on the Sites;
  • attempt to gain unauthorized access to any restricted area of the Sites, including servers, databases, Course Content or user accounts; or
  • introduce to the Sites, or use the Sites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.


Third Party Sites
The Sites contain links to websites and applications operated by third-parties. If you use these links, your use of third-party websites, applications, and services will be solely governed by the terms and conditions of those third-parties.  We are not responsible for the content, products, services or information provided by third-parties.


Restricted access
Access to certain areas of the Sites is restricted. We reserve the right to restrict access to certain areas of the Sites, or at our discretion, the entire website. 


If you are provided with a user ID and password to enable you to access restricted areas of the Sites or other Content, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.


We may disable your user ID and password at our sole discretion without notice or explanation.


Payment for Courses and Paid Services
We reserve the right to modify, discontinue, replace, or restrict access to any Course or other paid Content at any time.


We may reject your purchase or terminate your access to Course Content or other paid services at any time, for any reason, by offering you a refund.  If you breach these Terms of Service, we may terminate your access without offering you a refund.


Once you have purchased a Course, you are not entitled to a refund or to cancel remaining payments except in accordance with these Terms of Service or our Refund Policy.


User contentIn these Terms of Service, “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to, upload, or publish on the Sites, for whatever purpose.


By submitting, uploading, or publishing User Content, you grant Tooby Consulting Corp. a worldwide, irrevocable, transferable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media, for any purpose, without compensation to you. We have no obligation to keep User Content confidential, but any personal information included in it will be treated in accordance with our privacy policy.


You agree and warrant that:


  • You are the sole owner of all intellectual property rights in the User Content;
  • The User Content does not infringe on any third party’s trademark, copyright, privacy, publicity, or other rights;
  • You waive your moral rights in the User Content in favour of Tooby Consulting Corp;
  • The User Content is accurate and freely submitted, and is not misleading, fraudulent, or induced by payment;
  • The User Content has never been the subject of any threatened or actual legal proceedings or other similar complaint;
  • The User Content does not violate applicable law or these Terms of Service;
  • The User Content does not promote third-party products or services; and
  • The User Content does not contain any language or material that could reasonably be viewed as defamatory, libelous, obscene, irrelevant, threatening, discriminatory, offensive, or illegal.


We reserve the right to edit or remove any material submitted to or published on the Sites, but do not police or monitor User Content and have no responsibility to do so.  The User Content published on the Sites does not necessarily reflect our views.


We take no responsibility for any loss or damage you may suffer as a result of User Content, including any mistakes, defamation, infringement, or obscenity that you include or encounter.  


Disclaimers
The Sites are provided “as is”, “where is” basis. We make no representations or warranties and expressly disclaim all warranties as to merchantability, security, accuracy, fitness for purpose, quality, and non-infringement to the extent permitted by law. 


Without prejudice to the generality of the foregoing paragraph, we do not warrant that:


  • the Sites will be constantly available, or available at all; or
  • the information on the Sites is complete, true, accurate, or suitable for every person.


We do not guarantee that the Courses or the Content will lead to your financial success or desired outcome. You are responsible for all actions you take and decisions you make as a result of the Courses and the Content. You agree to release Tooby Consulting Corp. and its officers, shareholders, directors, employees and contractor any claims arising out of your dissatisfaction with the Courses or the Content.


Tooby Consulting Corp., the Sites, and the Courses are not endorsed, sponsored, or affiliated with Instagram or Facebook, Inc. All trademarks are used for descriptive purposes only.


Limitations of liability
To the extent permitted by applicable law, in no circumstance will Tooby Consulting Corp. or its officers, shareholders, directors, employees, or contractors be liable to you (whether under the law of contract, the law of torts or otherwise) for indirect, special, or consequential loss, including loss of revenue, income, profits, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data, even if such loss is foreseeable. Our liability to you related to a Course you have purchased is limited to the amount you paid for that Course. 


Unenforceable provisionsIf any provision of these Terms of Service is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions.


Indemnity
You hereby agree to indemnify and hold harmless Tooby Consulting Corp and its officers, shareholders, directors, employees, and contractors (the “Indemnified Parties”) from and against any losses, damages, costs, liabilities and expenses (including legal expenses and any amounts paid to a third party in settlement of a claim or dispute) incurred or suffered by the Indemnified Parties arising out of or related to your use of the Sites, Content, or Courses, your breach of any third-party rights or applicable law, or your breach or alleged breach of any provision of these Terms of Service. 


Breaches of these Terms of Service
Without prejudice to our other rights under these Terms of Service, if you breach these Terms of Service in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Sites, prohibiting you from accessing the Sites, blocking computers using your IP address from accessing the Sites, requesting that your internet service provider block your access to the Sites and/or bringing court proceedings against you.


Variation
We may revise these Terms of Service from time-to-time by posting a copy on the Sites. Revised Terms of Service will apply from the date of the publication. Please check this page regularly to ensure you are familiar with the current version.


Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Service without notifying you or obtaining your consent.


You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Service.


Entire agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between us in relation to your use of the

Sites and the Content and your purchase of Courses, and supersedes all previous agreements, understandings and representations. 


Law and jurisdiction
These Terms of Service, and any disputes related to the Sites, Content, or Courses will be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to conflicts of law, and any disputes will be subject to the exclusive jurisdiction of the courts of British Columbia. You consent to service of process by courier or email to the address provided to us.

COPYRIGHT © 2020 TOOBY CONSULTING CORP. ALL RIGHTS RESERVED.

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