Terms and Conditions of Use
REALIZER ("REALIZER/RETHINK COMMUNICATIONS") PROVIDES THIS WEB SITE (THE "SITE") TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE "SITE TERMS"). PLEASE READ THESE SITE TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS WEB SITE.
These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Realizer/Rethink Communications or its affiliates for products, services or otherwise. Realizer/Rethink Communications reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should from time to time review the Site Terms and the policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended Site Terms, you must stop using the Site.
2. OWNERSHIP AND COPYRIGHT
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Realizer logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of Realizer/Rethink Communications or its licensors or users and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.
Realizer, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Realizer and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Realizer/Rethink Communications or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Realizer/Rethink Communications and may not be copied, imitated or used, in whole or in part, without the prior written permission of Realizer/Rethink Communications. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Realizer/Rethink Communications.
4. LIMITED LICENSE
Realizer/Rethink Communications grants you a limited, nonsublicensable license to access and use the Site and to view, copy and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Site or the Site Content other than for its intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Realizer/Rethink Communications is strictly prohibited and will terminate the license granted herein.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Realizer/Rethink Communications against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.
To request permission for uses of Site Content not included in the foregoing license, you may contact Realizer/Rethink Communications at the address set out at the bottom of these Site Terms.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Realizer/Rethink Communications or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Realizer logo or other proprietary graphic of Rethink Communications to link to the Site without the express written permission of Realizer/Rethink Communications. Further, you may not use, frame or utilize framing techniques to enclose any Realizer trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Rethink Communications's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Realizer/Rethink Communications or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Realizer or any third party without the prior written permission of Rethink Communications or such other party that may own such patent, trademark, copyright or other proprietary right(s).
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Realizer/Rethink Communications does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Realizer/Rethink Communications provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Realizer/Rethink Communications's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Realizer/Rethink Communications accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6. USE OF INTERACTIVE AREAS
The Site may contain discussion forums, bulletin boards, public recommendations, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site ("Interactive Areas"). If Realizer provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Content that is false and misleading;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of Realizer, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Realizer or its affiliates or its users to any harm or liability of any type.
Realizer/Rethink Communications takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Realizer/Rethink Communications liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site. As a provider of interactive services, Realizer/Rethink Communications is not liable for any statements, representations or Content provided by its users in any Interactive Area or elsewhere on the Site. Although Realizer/Rethink Communications has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Realizer/Rethink Communications reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
7. ADVERTISEMENTS AND PROMOTIONS
Realizer may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Realizer/Rethink Communications, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Realizer/Rethink Communications is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
8. REGISTRATION DATA; ACCOUNT SECURITY
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Realizer/Rethink Communications, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Realizer/Rethink Communications.
9. WARRANTY DISCLAIMER
Except as expressly provided to the contrary in a writing by Realizer/Rethink Communications, the Site, the materials contained therein and the services provided on or in connection therewith (the "Services") are provided on an "as is" basis without warranties of any kind, either express or implied. Realizer/Rethink Communications expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the Services, information, Content and materials on the Site. Realizer/Rethink Communications does not represent or warrant that materials in the Site or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Site Content or any portion thereof.
Realizer/Rethink Communications is not responsible for typographical errors or omissions relating to pricing, text or photography. While Realizer/Rethink Communications attempts to make your access to and use of the Site and the Services safe, Realizer/Rethink Communications cannot and does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
10. LIMITATION OF LIABILITY
You waive and covenant not to assert any claims or allegations of any nature whatsoever against Realizer/Rethink Communications, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the Site, the Services, the Content or the materials contained in or accessible through the Site, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Site Content, or allegations that Realizer/Rethink Communications has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.
Without limitation of the foregoing, neither Realizer/Rethink Communications nor any parties providing Site Content shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Services, the Content or the materials contained in or accessible through the Site, including without limitation any damages caused by or resulting from your reliance on any Site Content or other information obtained from Realizer/Rethink Communications or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Realizer/Rethink Communications's records, programs or Services.
In no event shall the aggregate liability of Realizer/Rethink Communications, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to Realizer/Rethink Communications for access to or use of the Site.
11. PRIVACY AND USER COMMUNICATIONS
Realizer/Rethink Communications is under no obligation to refrain from reproducing, publishing or otherwise using communications other than personal information you send to or receive from Realizer/Rethink Communications by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing of products or services incorporating such information.
12. APPLICABLE LAW AND VENUE
The Site (excluding Third-Party Sites) is controlled by Realizer and operated by it from its offices in Vancouver, British Columbia. While Realizer has made no effort to publish the Site elsewhere, the Site is accessible in all Provinces of Canada and in other countries. You and Realizer both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Realizer/Rethink Communications explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Site Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Site Terms or to the Services; or (d) the relationships that result from these Site Terms or the Services (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Realizer/Rethink Communications related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Realizer/Rethink Communications. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of British Columbia.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Vancouver, British Columbia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than British Columbia, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Realizer/Rethink Communications for your failure to comply with any such laws.
13. TERMINATION/MODIFICATION OF LICENSE AND SITE OFFERINGS
Notwithstanding any provision of these Site Terms, Realizer/Rethink Communications reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. Realizer/Rethink Communications may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Realizer/Rethink Communications, and any such attempted assignment will be void and unenforceable. These Site Terms constitute the entire agreement between you and Realizer/Rethink Communications regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Realizer/Rethink Communications regarding your use of the Site. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tous avis, annexes et autorisations s'y rattachant, soient rédigés en langue anglaise seulement.
15. QUESTIONS AND COMMENTS
If you have any questions regarding these Site Terms or your use of the Site, please contact us here:
Realizer, created by Rethink Communications Inc.
470 Granville Street #700
Vancouver, BC V6C 1V5, Canada
Version: 1.0 Dated: March 15, 2011