Please Read Carefully Before Using The Services:
A. TERMS APPLICABLE TO ALL USERS
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.
2. Changes to Terms
3. Limited License
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.
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.
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 firstname.lastname@example.org.
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.
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
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
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
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.
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.
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
19. Jurisdiction and Remedy
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.
If you have any concerns about the Services, please contact Ratrod at email@example.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
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.
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”).
(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.
Ratrod Studio Inc.
895 Boul. de la Carriere, Suite 200
J8Y 6V3, Canada