|
|
|||
|
|||
|
Following
are the rules that govern use of the RobustMedia
Communications Group Inc. ("RobustMedia) web site
and services. These services (the "Site") are
provided by RobustMedia for its clients, employees,
partners, suppliers and others. Services include
without limitation business information, email and
access to news and information including links to
other sites. By using the
Site, you agree to be bound by these Terms and
Conditions of Use (the "TCU"), including other
guidelines and rules that may be posted from time
to time, all of which are incorporated herein by
reference, and to follow the TCU and all applicable
laws and regulations governing the Site. If
you do not agree with this TCU, then do not enter
or use the Site. RobustMedia may
update the TCU from time to time. You are
responsible, however, for checking this page for
changes and updates to the TCU. Your use of the
Site following any posted change(s) to the TCU will
be deemed an acceptance of such
change(s). In addition, when
using the Site, you shall be subject to any posted
guidelines or rules, which may be posted from time
to time. All such guidelines or rules are hereby
incorporated by reference into the TCU. This Site is
not intended for use by persons under the age of
thirteen. Individuals who are under thirteen
are expressly prohibited from posting any
personally identifiable information about
themselves. Data and
information relating to securities or otherwise is
provided for informational purposes only, and is
not intended for trading purposes. Please direct any
questions you may have about the TCU, or any other
legal matters, to the following e-mail address:
Info@RobustMedia 1. RobustMedia
Proprietary Rights and Permitted Use The Site,
including without limitation any content, software
and services offered thereon, are the property of
RobustMedia and/or its suppliers. RobustMedia and
other names and logos shown in this Site are
registered business names, trademarks and service
marks of RobustMedia Communications Group Inc..
This property is protected by the copyright and/or
other intellectual property laws of Canada and
internationally. You are
authorized solely to view and to retain a copy of
pages of this Site for your own personal use. Do
not modify, duplicate, publish or otherwise
distribute the material on this Site unless
specifically authorized in writing by RobustMedia
to do so. Legal notices, other acknowledgments and
credits are posted on pages of the Site. Do not
remove these legal notices or other acknowledgments
or credits, or any related information, contained
on pages of the Site. You acknowledge
and agree that, between RobustMedia and you, all
right, title, and interest in and to the Site and
the provision thereof, including without limitation
any patent rights, patents, business methods,
copyrights, trademarks, trade secrets, inventions,
know-how, and all other intellectual property
rights pertaining thereto, shall be owned
exclusively by RobustMedia. Except as expressly
authorized by RobustMedia herein, you agree not to
make, copy, display, modify, rent, lease, license,
loan, sell, distribute, or create derivative works
of the Site, in whole or in part. You agree not to
access the Site by any means other than through the
interface that is provided by RobustMedia for use
in accessing the Site. In connection with your use
of the Site, RobustMedia may make software
available to you for download from the Site; your
download and use of such software shall be pursuant
to a separate license agreement that shall be
agreed to upon your download or installation of
such software. 2. User
Contributions to the Site RobustMedia may
provide users with the opportunity to communicate
through to the Site including opportunity to
communicate with other users. You understand
that all information, data, text, links, articles,
software, photographs, graphics, video, music,
sound, messages, or other materials posted by you
on the Site (collectively, the "Content"), whether
publicly posted or privately transmitted, are the
sole responsibility of you or other users posting
or transmitting such Content. This means that you,
and not RobustMedia, are entirely responsible for
all Content that you upload, post, email, or
otherwise transmit via the Site. It is your
obligation to ensure that no copyright, trademark,
trade secret, publicity or privacy rights, or other
intellectual property rights are being violated by
your posting or transmission of any Content via the
Site. RobustMedia does
not control or prescreen the Content posted via the
Site or sent to another user and, as such, does not
guarantee the accuracy, integrity, appropriateness,
or quality of such Content. The Content posted by
users or other third parties does not necessarily
represent the views or opinions of RobustMedia and
under no circumstances will RobustMedia be liable
in any way for any Content, including, but not
limited to, any loss or damage of any kind incurred
as a result of the use of any Content posted,
emailed, or otherwise transmitted via the
Site. Users can be held
liable for any illegal or prohibited Content they
provide to the Site or to other users, including,
for example, infringing, defamatory, or offensive
materials. So that the Site is available for all
users to enjoy, you may not, and hereby
represent and warrant that you will not,
post, transmit, email or otherwise make accessible
on or through the Site Content that: In addition, you
may not, in connection with your use of the
Site: If you discover
this kind of material or activity on the Site,
please notify us at Info@RobustMedia 3. Content
License With respect to
Content you elect to post or transmit for inclusion
in or on the Site, you grant RobustMedia and its
affiliates and partners the perpetual, worldwide,
royalty free, non-exclusive, sub-licensable license
as follows: to use, reproduce, translate, alter,
perform, display, modify, adapt, and publish such
Content, in whole or in part, in all present and
future media and in any manner relating to the Site
(including without limitation in connection with
the appearance of such Content on RobustMedia and
on the sites of our affiliates, partners and others
with whom RobustMedia may have business
relationships relating to the Site) and the
distribution and promotion of the Site. You further
agree that RobustMedia is free to use any ideas,
know-how, concepts, techniques or other materials
you send us for any purpose. Without
limitation of any of the rights granted to
RobustMedia herein, you acknowledge and agree that
RobustMedia may preserve Content and may also
disclose Content if required to do so by law or in
the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TCU; (c)
respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights,
property, or personal safety of RobustMedia, its
users and the public. 4.
Indemnity You agree to
indemnify and hold RobustMedia, its subsidiaries,
affiliates, officers, agents, co-branders, and
other partners and employees, harmless from any
loss, liability, claim or demand, including
reasonable attorney's fees, made by any third party
due to or arising out of Content you submit, post
to, or transmit through the Site, your use of the
Site, including your use of the Site to provide a
link to another Site or to upload content or other
information to the Site, or your violation of the
TCU or any applicable laws or the rights of
another. 5. Links
& Search Results The Site may
provide links and automatically produce search
results, or third parties may provide information,
that reference or link to other World Wide Web
sites or resources. RobustMedia has no control over
such sites and resources, and you acknowledge and
agree that RobustMedia is not responsible for the
content or information contained therein.
RobustMedia cannot and does not guarantee,
represent, or warrant that the content or
information contained in such third-party sites is
accurate, legal and/or inoffensive. RobustMedia
does not endorse the content or information of any
third-party site or resource, and further does not
warrant that such sites or resources will not
contain viruses or otherwise impact your computer.
By using the Site to search for or link to another
site, you agree and understand that RobustMedia
shall not be responsible or liable, directly or
indirectly, for any damages or loss caused or
alleged to be caused by or in connection with your
use of, or reliance on, the Site to obtain search
results and/or to link to another site. However, if
you have a problem with a link from the Site,
please let us know at Info@RobustMedia. 6. Resale
& Modifications You agree not to
reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the
Site, use of the Site, or access to the Site,
without the express, prior written consent of
RobustMedia in each instance. RobustMedia
reserves the right at any time and from time to
time to modify or discontinue, temporarily or
permanently, the Site (or any part thereof) with or
without notice. You agree that RobustMedia shall
not be liable to you or to any third party for any
modification, suspension, or discontinuance of the
Site. 7. Suspension
and/or Termination Rights RobustMedia
reserves the right, at its sole discretion,
immediately and without notice, to suspend or
terminate the TCU, your registration for any
program, your ability to access the Site, your
ability to utilize any email services offered on
the Site, and/or to remove any Content, for any
reason, including without limitation any breach by
you of the TCU or conduct by you that RobustMedia
determines to be inappropriate. You agree that
RobustMedia shall not be liable to you or any
third-party for any suspension or termination
pursuant to this provision. 8. Copyright
Policy RobustMedia
understands and respects the importance of
intellectual property. Please refer to our
Copyright
Notice. 9.
Registration Obligations In consideration
of your use of the Site, you agree to: (a) provide
true, accurate, current and complete information
about yourself as prompted by the Site's
registration form (such information being the
"Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true,
accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current
or incomplete, or RobustMedia has reasonable
grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, RobustMedia
has the right to suspend, terminate, or refuse any
and all current or future use of the Site (or any
portion thereof). 10.
Privacy Policy We believe that
your privacy and the privacy of all of our users is
important. Please click here to review our
Privacy
Policy,
to which you hereby agree. Upon registering on the
Site, you will be given an opportunity to "opt in"
to receive mailings from RobustMedia and/or its
partners by "checking" on a box in the registration
form. If you submit the registration form with the
box checked, you thereby consent to being placed on
this mailing list. You may subsequently contact us
to request to be removed from this list. (For
purposes of the TCU, "partners" includes, in
addition to third parties with whom RobustMedia may
have co-branding arrangements or some other
business relationship or alliance, other Web sites
developed by RobustMedia subsidiaries including,
without limitation, Engine X Strategic Design Group
Inc. or other Engine X companies). 11.
Back-up RobustMedia is
not liable for any lost data resulting from the
operation of our Site and/or the enforcement of the
TCU (including without limitation content from any
e-mail account hosted by RobustMedia), and is not
obligated to maintain back-up copies of any
contributed Content or e-mail messages. We
recommend that you retain a copy of all Content
that you post or distribute to, or through, the
Site. You understand
and agree that RobustMedia may release information
about you if required by law or subpoena, or if the
information is necessary or appropriate to release
to address an unlawful or harmful
activity. 12.
Security When appropriate,
you will receive a password and account designation
upon completing the Site's registration process.
You are responsible for maintaining the
confidentiality of the password and account, and
are fully responsible for all activities that occur
under your password or account. You agree to (a)
immediately notify RobustMedia of any unauthorized
use of your password or account or any other breach
of security, and (b) ensure that you exit from your
account at the end of each session. RobustMedia
cannot and will not be liable for any loss or
damage arising from your failure to comply with
this Section. Without limitation to the generality
of the foregoing, due to the nature of Internet,
computers, data flow, and other technical and
economical practicalities, the Site, like most
computer data and Internet applications, is
vulnerable to various security issues and hence
should be considered unsecured. By using the Site
and the Internet in general, you may be subject to
various risks, including, among others,
eavesdropping, sniffing, spoofing, forgery,
spamming, "impostering", tampering, breaking
passwords, harassment, fraud, electronic
trespassing, hacking, system contamination
including without limitation, viruses, worms,
Trojan horses, causing unauthorized, damaging or
harmful access and/or retrieval of information and
data on your computer and other forms of activity
that may even be considered unlawful. Information
(including Registration Data, passwords and
Content) received or delivered or intended to be
made available on and through the Site may be
subject to these and other security or privacy
hazards or may not reach its destination or reach
an erroneous address or recipient. The Site is not
different than other applications in this respect.
Without limitation of the foregoing, although we
take seriously the security of all member accounts
and other personal and non-personal information
associated with our visitors and participants, due
to the open communication nature of the Internet,
we can not guarantee that your account will be free
from unauthorized access by third
parties. 13. Export
Controls RobustMedia
encourages users to use the Site regardless of the
location for their access. However, if you choose
to use the Site, you understand, acknowledge and
agree that your use of the Site is governed by the
TCU and the laws and regulations of Canada
regarding online conduct and acceptable content. If
you use the Site in a jurisdiction that prohibits
or restricts the use of the Site, you agree that
your use of the Site will be at your own risk,
without limitation of any other provision of the
TCU, and that RobustMedia shall not have any
liability with respect to such use. Software from
this Site is subject to Canadian export rules and
regulations. 14.
Disclaimer You expressly
understand and agree that: Your use of the Site is
at your sole risk. The Site, and its
content, are delivered on an "as is" and "as
available" basis. RobustMedia expressly disclaims
all warranties of any kind, whether express or
implied, including, but not limited to, the implied
warranties of merchandising ability, fitness for a
particular purpose, or non-infringement.
RobustMedia makes no warranty that the Site or any
related services, such as email, links, searches or
other services offered on the Site will be
error-free, uninterrupted, timely, secure, or that
it will provide specific results from use of the
Site or any content, search or link therein.
RobustMedia further cannot ensure that files you
download from the Site will be free of viruses,
Trojan horses, bugs, contamination, or destructive
features. Any material
viewed, downloaded, or otherwise obtained through
the use of the Site is done solely at your own
discretion and risk, and RobustMedia will not be
liable for any damages of any kind arising from the
use of the Site, including, without limitation,
direct, indirect, incidental, punitive, or
consequential damages. No advice or
information, whether oral or written, obtained by
you from RobustMedia or through or from the Site
shall create any warranty not expressly stated in
the TCU. Data and information relating to
securities or otherwise is provided for
informational purposes only, and is not intended
for trading purposes. Neither RobustMedia nor any
of its data or content providers shall be liable
for any errors or delays in the content, or for any
actions taken in reliance thereon. 15. Limitation
of Liability You expressly
understand and agree that RobustMedia shall not be
liable for any indirect, incidental, special,
consequential or exemplary damages, including but
not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses
(even if RobustMedia has been advised of the
possibility of such damages), resulting from: (i)
the use or the inability to use the Site; (ii) the
cost of procurement of substitute goods or services
resulting from any goods, data, information or
services purchased or obtained or messages received
or transactions entered into through or from the
Site; (iii)
unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct
of any third party on the Site; or (v) any other
matter relating to the Site or the content thereon,
including without limitation any user content
posted thereon. 16. Exclusions
and Limitations Some
jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of
liability for incidental or consequential damages.
Accordingly, some of the above limitations may not
apply to you. 17.
Miscellaneous The TCU
constitutes the entire agreement between you and
RobustMedia and governs your use of the Site,
superseding any prior agreements between you and
RobustMedia. You may also be subject to additional
terms and conditions that may apply when you use
affiliate services, third-party content, or
third-party software. You agree that
the TCU and the relationship between you and
RobustMedia shall be governed by the laws of the
Province of Ontario without regard to its conflict
of law provisions. You agree to submit to personal
and exclusive jurisdiction by and venue in the
provincial and federal courts in the Province of
Ontario. The failure of RobustMedia to
exercise or enforce any right or provision of the
TCU shall not constitute a waiver of such right or
provision. If any provision
of the TCU is found by a court of competent
jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor
to give effect to the parties' intentions as
reflected in the provision, and the other
provisions of the TCU remain in full force and
effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action
arising out of or related to use of the Site or the
TCU must be filed within one (1) year after such
claim or cause of action arose or be forever
barred. The section
titles in the TCU are for convenience only and have
no legal or contractual effect. |
|||
|
(c)
1999-2002 RobustMediatm All
Rights
Reserved.
|
