Terms of Use


Terms of Use – Last modified: September 12, 2012
Please Read Carefully Before Using The Services:

These terms of use (“Terms of Use”) are a contract between you and Ratrod Studio Inc. (“Ratrod”) regarding your access to and use of all web sites (including ratrodstudio.com), products, services and content offered by Ratrod, including any of Ratrod’s online or mobile services or applications (collectively the “Services”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Services

A. TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with Ratrod, your use of the Services will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with Ratrod, your use of the Services shall be subject to both Section A and Section B of these Terms of Use.

Section C sets out various additional terms that apply to Services that you obtain through a third-party service such as the Apple App Store, Google Play, the Amazon App Store, etc.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES.

2. Changes to Terms

Ratrod may, at any time, for any reason and without notice, change these Terms of Use. Any modifications will take effect when posted by Ratrod. Therefore, each time you access the Services, you need to review the Terms of Use upon which access and use of the Services is conditioned. By your continuing use of the Services after changes are posted, you will be deemed to have accepted such changes.

3. Limited License

Subject to these Terms of Use, Ratrod grants you a limited, non-exclusive, non-transferable, non-sublicensable right and licence to access and use the Services for your personal non-commercial use. This includes the right to download and play Services on (i) any iPhone, iPod or iPad device that you own or control and as permitted by the Usage Rules set out in the Apple App Store Terms of Service (http://www.apple.com/legal/itunes/us/terms.html); or (ii) any other mobile device that you own or control.

You may download information, images, artwork, text, audio, pictures and other materials from the Services to the extent necessary to access and use the Services for the purposes of these Terms of Use. You must leave all copyright notices, including copyright management information, or other proprietary notices intact.

You must not otherwise copy, republish, post, transmit, display, perform, distribute, modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create any derivative work from any of those materials or any portion of the Services without Ratrod’s prior written consent.

Ratrod and its licensors reserve all rights not specifically granted to you in these Terms of Use.

4. Changes to Services

Ratrod may from time to time, without prior notice, add new features to the Services, remove existing features from the Services or suspend access to existing features of the Services, or otherwise modify or update the Services, including by changing the products, services and content available through the Services, all without notice or liability to you. Ratrod may provide updates from time to time that must be installed on your computer or mobile device for you to access and use the Services. You hereby consent to Ratrod remotely installing updates to the Services software that resides on your computer or device without further notice.

5. Interruptions, Errors and Downtime

Your access to and use of the Services might be interrupted and will not be free of errors.

Some or all of the Services may be unavailable from time to time due to routine maintenance, upgrades, hardware and software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands. Where reasonably possible Ratrod will give you prior notice of any scheduled service interruptions.

6. E-Mail Communications

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. You agree not to submit or transmit any e-mails or materials through the Services that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. Ratrod shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as otherwise expressly agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Services without the prior written consent of Ratrod is strictly prohibited.

If you make any submission to any portion of the Services accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Ratrod by email, you automatically grant to Ratrod a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum. Ratrod may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Ratrod by email. We try to answer every email in a timely manner, but are not always able to do so.

7. Privacy

Ratrod respects your privacy and only collects, use and discloses your personal information as described in our Privacy Policy and in these Terms of Use. You hereby consent to the collection, use and disclosure of your personal information as described in these Terms of Use and our Privacy Policy.

You consent to Ratrod’s collection, use and disclosure of your name, contact information and other personal information to the extent necessary or desirable for us to communicate with you, monitor your compliance with these Terms of Use, and manage the Services. We may use aggregate, non-identifiable information about Services users for promotional and advertising purposes. We do not sell your personal information to third parties. If we suspect you of fraudulent or other criminal activities, we may disclose your personal information to the police or other authorities. We will not otherwise disclose your personal information except as set out in our Privacy Policy or as permitted or required by law.

8. Ownership

The Services are protected by copyright and by other national and international laws, treaties and conventions. Ratrod owns or licenses all proprietary information and material relating to the Services, and, except as expressly set out in these Terms of Use, you acquire no licence to, or other rights in, the Services. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any portion of the Services, or create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from or through the Services without Ratrod’s prior written permission.

Ratrod owns “Ratrod”, its logo, and all of its other trade-marks and trade names appearing on or through the Services. Unless otherwise indicated, all other trade-marks appearing on or through the Services are owned by third parties and are used under licence.

Ratrod respects the intellectual property rights of others and expects our users to do the same. Ratrod may terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at webmaster@ratrodstudio.com.

9. Virtual Property

You have no property interest in any virtual currency, items or other property (collectively “Virtual Property”) that you obtain or purchase through or in connection with the Services. Any purchase or acquisition of Virtual Property is the purchase of a limited, non-transferable, revocable licence to use that Virtual Property within the Services. You may not transfer or resell Virtual Property for commercial gain. Virtual Property has no real-world monetary value, and cannot be refunded or exchanged for cash or any other tangible value (regardless of whether you use the Virtual Property). If your Account is terminated or suspended for any reason, or if Ratrod discontinues the applicable Service, all Virtual Property is unconditionally forfeited.

You must follow the instructions provided by the Services to obtain Virtual Property. This may include making a payment and providing personal and financial information (and you must ensure that this information is accurate and complete). The price paid for Virtual Property (including any applicable taxes) will be as set out in the Services. Ratrod may change the prices of Virtual Property at any time at its discretion.

You may only acquire Virtual Property from Ratrod, and you must not sell or transfer Virtual Property to any third party.

Ratrod has no liability for hacking or loss of your Virtual Property, and has no obligation to (and will not) reimburse you for any Virtual Property lost due to your breach of these Terms of Use.

10. Links

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, Ratrod does not control or endorse such websites and is not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use apply only to Ratrod’s Services. If you decide to access any of the third party sites linked to from the Services, you do so at your own risk. Ratrod reserves the right to terminate any link or linking program at any time. Ratrod disclaims all warranties, express and implied, as to the accuracy, validity, and legality of any materials or information contained on such sites.

11. No Unlawful or Prohibited Use

When using the Services or any product or service available through the Services you must comply with all applicable laws and with all of Ratrod’s policies and rules, as updated from time to time. Without limiting the previous sentence, you must not:

(a) hack, reverse engineer, disable, disrupt or interfere with the functioning of the Services, or modify the Services in any way;
(b) use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services;
(c) harass or threaten any other user of the Services or any Ratrod employee or representative;
(d) impersonate another person, indicate that you are a Ratrod employee or representative (if you are not) or attempt to mislead other users by indicating that you represent Ratrod in any way;
(e) attempt to gain unauthorized access to the Services, other user accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means;
(f) upload to or transmit to us or any other user anything that may be defamatory, threatening, abusive, obscene, pornographic, harmful or invasive of anyone’s privacy, may violate any law including intellectual property, privacy or other laws, or may give rise to civil or other liability;
(g) upload to or transmit to us or any other user any data, file or software that contains a virus, Trojan horse, worm, bot keystroke logger, time bomb, cancelbot or other computer programming routines that are intended to damage, interfere with intercept, mine, scrape or expropriate any system, data or personal information relating to the Services;
(h) attempt to disable or circumvent any Services features that are designed to limit your access to certain information about Services users, and you otherwise will not access or attempt to access areas of the Services or its servers that have not been made available to the public;
(i) use the Services for spamming, other advertising, or other bulk message transmission, or use the Services to promote or operate any service or commercial enterprise;
(j) post or communicate any personally identifiable information about any other person, or use the Services to collect or harvest any information about any other person;
(k) use any cheats, mods, macros, templates, bots, hacks, or any other performance-enhancing software or hardware, or exploit any cheats or errors that you find in the Services;
(l) use abusive or offensive language during your use of the Services, including on any forums, chat rooms, or web sites; or
(m) encourage, assist or attempt to trick other user into breaking these Terms of use.

In addition to any other available remedies, we may suspend or terminate your access to the Services if you breach of any of these obligations.

12. Separate Agreements

You may have other agreements with Ratrod. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Ratrod.

13. No Professional Advice

Any information available on or through the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice.

14. Users Disputes

You are solely responsible for your interactions with other users of the Services. Ratrod reserves the right, but has no obligation, to monitor disputes between you and other users.

15. User Content

You and other users may provide various content on or through the Services (the “User Content”). You are solely responsible and liable for your User Content and ensuring that your User Content complies with applicable laws and these Terms of Use and does not violate or misappropriate any third-party rights.

Ratrod does not and cannot review User Content, and is not in any manner responsible for the content of any User Content. By providing the ability to view and distribute User Content on or through the Services, Ratrod is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content. Ratrod reserves the right (but has no obligation) to block or remove any User Content that it deems in its sole discretion to be (a) abusive, threatening, obscene, or defamatory; (b) fraudulent, deceptive or misleading; (c) in violation of another’s copyright, trade-mark or other intellectual property right; or (d) otherwise unlawful or unacceptable.

You hereby grant Ratrod a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, licence to use, copy, publicly display, modify, adapt, publish, transmit, telecommunicate, translate, make derivative works from and distribute your User Content without further notice or consideration to you. You hereby waive in Ratrod’s favour all moral rights that you may have in your User Content.

Certain video and audio capture functionality is Powered by Kamcord™ (kamcord.com), and your use of such functionality is subject to the Kamcord Terms of Use (kamcord.com/tos) and Privacy Policy (kamcord.com/privacy).

You represent and warrant to Ratrod that:
(a) you either have the right to exploit your User Content and make your User Content available through the Services;
(b) if your User Content displays or refers to any recognizable individual, you have obtained all necessary consents and releases from that individual;
(c) you have the right to grant the licence described above; and
(d) the reproduction, display, distribution, use and other exploitation of your User Content by Ratrod and its service providers will not infringe or violate any third party’s rights, including intellectual property, personality or privacy or publicity rights.

You acknowledge and agree that:
(a) Ratrod has no responsibility or liability for any User Content;
(b) Ratrod owns any part of the User Content that comprises or incorporates any of Ratrod’s intellectual property;
(c) you will not suggest in any way that Ratrod endorses, supports or is affiliated with your User Content;
(d) your User Content must comply with applicable laws and must not contain any content that is, in Ratrod’s sole discretion: (i) abusive, threatening, obscene, or defamatory; (ii) fraudulent, deceptive or misleading; (iii) in violation of another’s copyright, trade-mark or other intellectual property right; or (iv) otherwise unlawful or unacceptable;
(e) you are solely responsible and liable for any loss or damage that arises from or relates to any User Content that you upload, transmit, display or otherwise make available through the Services;
(f) you may be exposed to User Content that is incomplete, inaccurate, not current, offensive, indecent or otherwise objectionable, and that we will not be liable for any damages that you allege have incurred as a result of such User Content; and
(g) you use and rely on any content available on or through the Services, whether originating from Ratrod or from another person or entity, solely at your own risk.

If you breach any of these terms and conditions, Ratrod may suspend or remove the availability of your User Content, suspend your access to and use of the Services, and take such other steps as Ratrod considers appropriate.

16. Disclaimer

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND“AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RATROD DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, TITLE, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY AND NON-INFRINGEMENT.

RATROD MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT. RATROD WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES OF ACCESSING AND USING THE SERVICES, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SERVICES YOU MAY ACCESS, DOWNLOAD OR OTHERWISE USE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. IF YOU DOWNLOAD OR OBTAIN ANY PRODUCT OR SERVICE THROUGH OR IN CONNECTION WITH THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA, THAT ARISES FROM OR RELATES TO ANY SUCH PRODUCT OR SERVICE.

THIS DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY RATROD, IN WHICH CASE THE DISCLAIMER ASSOCIATED WITH THOSE SPECIFIC PRODUCTS AND SERVICES WILL APPLY TO THOSE PRODUCTS AND SERVICES.

17. Limitation of Liability

YOU USE THE SERVICES AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RATROD WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE SUFFERED IN CONNECTION TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ANY OF THE SERVICES.

WITHOUT LIMITING THE PREVIOUS PARAGRAPH, RATROD WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICES OR ANY RATROD WEBSITE; (b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCT, OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR ANY RATROD WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SERVICES OR ANY RATROD WEBSITE OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICES OR ANY RATROD WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICES OR ANY RATROD WEBSITE. FURTHER, WE WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT.

THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY RATROD, IN WHICH CASE THE LIMITATION ASSOCIATED WITH THOSE SPECIFIC PRODUCTS AND SERVICES WILL APPLY TO THOSE PRODUCTS AND SERVICES.

18. Maximum Liability

IF, DESPITE THE LIMITATIONS SET OUT ABOVE, RATROD BECOMES LIABLE TO YOU IN RESPECT OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, THAT LIABILITY WILL BE LIMITED TO THE SMALLER OF THE FEES YOU PAID TO RATROD IN RELATION TO THE SERVICES IN THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR CAD$50.

19. Jurisdiction and Remedy

Because some jurisdictions do not allow certain exclusions or limitations of liability, the disclaimers, exclusions and limitations in these Terms of Use will apply to the fullest extent permitted by law in the applicable jurisdiction.

Ratrod operates and maintains the Services from Canada, and we do not represent or warrant that the Services are appropriate or available for use in any particular jurisdiction. You choose to access and use the Services on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

20. Indemnity

You agree to defend, indemnify, and hold Ratrod Studio Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any damages, injuries, costs, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or your violation of these Terms of Use.

21. Termination of Terms of Use

Without prejudice to any of its rights under these Terms of Use or at law or equity, Ratrod may terminate these Terms of Use and your access to the Services immediately if you breach these Terms of Use.

22. Disputes

If you have any concerns about the Services, please contact Ratrod at webmaster@ratrodstudio.com. We expect that any such concerns can be resolved quickly and to your satisfaction; however, if for some reason we cannot resolve a concern to your satisfaction (or if we cannot resolve a concern Ratrod has with you after trying to do so informally), then either party may refer the matter to arbitration with the other party’s prior written consent.

23. Law and Jurisdiction

These Terms of Use will be governed by the laws in effect in Ontario, Canada, without reference to any conflicts of laws rules. Subject to the following paragraph, you submit to the exclusive jurisdiction of the Ontario courts sitting in Ottawa, Ontario; however, Ratrod may apply to a court of competent jurisdiction for interim protection or equitable relief such as an injunction.

23. General

Waiver: No waiver, delay, or failure to act by us regarding any particular default or omission will prejudice or impair any of our rights or remedies regarding that or any subsequent default or omission that are not expressly waived in writing. Entire Agreement: These Terms of Use supersede all prior agreements of the parties regarding the subject matter of these Terms of Use, and (together with our Privacy Policy) constitutes the whole agreement with respect to that subject matter. Assignment and Sublicensing: You may not assign or sublicense these Terms of Use or any of your rights under these Terms of Use without our prior written consent, which may be withheld without cause. Enurement: These Terms of Use will enure to the benefit of and be binding upon the parties and their heirs, legal representatives, lawful successors and permitted assigns. Force Majeure: No party will be liable for any non-performance or delay in performance (except its payment obligations) by that party that is due wholly or in part to any cause beyond that party’s reasonable control. Interpretation: In this agreement, “we”, “us”, and “our” refer to Ratrod Studios Inc. alone and never refer to the combination of you and Ratrod Studios Inc.; that combination is referred to as “the parties”. Language: The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce contrat et tous les documents qui s’y rapportent soient rediges en anglais.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

24. Accounts and Security

To access and use certain Services you must register a user account (“Account”) with Ratrod.

As part of the registration process, you must select a password (“Password”) and Login Name (“Login Name”). You shall provide Ratrod with accurate, complete, and updated information when establishing and updating your Account. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:
(a) select or use a Login Name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a Login Name that Ratrod, in its sole discretion, deems inappropriate or offensive.

You are solely responsible for maintaining the confidentiality and security of your Password. Ratrod will never ask you for your Password. You shall notify Ratrod of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password.

You are solely responsible and liable for all activity conducted through your Account (whether authorized by you or not), and for maintaining your Account in good standing.

Ratrod will not be liable for any loss or damage arising from the unauthorized use of your Account. However, you may be liable for our losses or the losses of others due to such unauthorized use.

Ratrod reserve the right, in our sole discretion, to terminate or suspend your Account if we believe, or have been notified by a third party of its belief, that you may be infringing the rights of others, violating the copyrights of others, or engaging in any inappropriate behavior. Ratrod also reserves the right, in our sole discretion, to terminate your access to all or part of the Services or to any product or service available through the Services or any Ratrod website for any reason or no reason, with or without notice, all without liability to you. In the event of termination, your Account will be disabled, and you will not have access to your Account. You should be aware that, if your Account is terminated, Ratrod may not be able to return your content (including User Content and Virtual Property) to you and that you may not otherwise have access to your content, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Ratrod’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

C. ADDITIONAL TERMS APPLYING TO RATROD APPLICATIONS OBTAINED THROUGH THIRD-PARTY PROVIDERS (“Apps”)

26. Additional Terms

The following terms and conditions apply to any Apps that you obtain through a third-party provider such as the Apple App Store, Google Play, the Amazon App Store, etc. (each a “Provider”).

(a) Acknowledgement. You and Ratrod acknowledge and agree that that these Terms of Use are an agreement between you and Ratrod, not with the Provider, and that Ratrod is solely responsible for the App and its content. If you require maintenance or support services or have questions or complaints about the App, please contact us directly at webmaster@ratrodstudio.com; do not contact the Provider, as the Provider has no obligation to provide any such services with respect to the App.
(b) Warranties. These Terms of Use do not limit any consumer rights or any other rights that we cannot exclude under applicable law. If the App fails to comply with any warranties set out above or any other applicable warranty (whether express or implied by law), Ratrod will be solely responsible to you to the extent that the warranty has not been validly excluded.
If any App does not conform to any applicable warranty you may notify the Provider, and the Provider will refund the purchase price for that App. To the maximum extent permitted by applicable law, the Provider will have no other warranty obligation with respect to the App. Subject to these Terms of Use, Ratrod will be solely responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to an applicable warranty.
(c) Product Claims. Ratrod, and not the Provider, is responsible for addressing any claims relating to the App or the possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Terms of Use may not limit Ratrod’s liability to you beyond what is permitted by applicable law.
(d) Intellectual Property Rights. You and Ratrod acknowledge and agree that if there is any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Ratrod, and not the Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
(e) Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(f) Third Party Beneficiary. You and Ratrod acknowledge and agree that that Provider and its subsidiaries are third party beneficiaries of the Terms of Use, and that, upon your acceptance of the Terms of Use, the Provider will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary of the Terms of Use.

Contact us:

If you would like to request additional information regarding these Terms of Use, please contact us at webmaster@ratrodstudio.com or by mail at:

Ratrod Studio Inc.
260 St-Raymond Blvd, Unit 206
Gatineau, Québec
J9A 3G7, Canada