Effective September 2016
ARTICLE 1. Scope
RTINGS reserves the rights, at any time and without notice, to change or modify all or any part of the Terms.
The use of the Website implies the binding acceptance of the Terms, including any changes or modifications made by RTINGS
User is invited to review the Terms periodically to ensure acceptance with the most current version.
If at any time the Terms are no longer acceptable to User, immediately cease all use of the Services.
ARTICLE 2. Services provided
RTINGS is an innovative service provider for testing and reviewing electronic products and providing feedback, including without limitations, by reviews, analysis, video’s, frequently asked questions and articles (collectively the “Service(s)”)
ARTICLE 3. Use of website / Acceptable use policy
3.1 Accessing the website
User is provided free and open access to the Site.
RTINGS reserves the right to withdraw or amend the Service(s) provided on the Site without notice.
RTINGS will not be liable for any reason if the Site remains unavailable at any time or for any period.
User is responsible for making all arrangements necessary to have access to the Site (including taking necessary steps to ensure using up to date anti-virus software).
User is responsible for ensuring that all persons who access the Site through User’s internet connection is aware of the Terms and accepts all conditions.
3.2 Accessing the Material
User is entitled to access and print, all material published on the Site, including without limitation documentation, text, pictures, sounds, graphics, articles, video’s and audio clips (collectively the “Material”) for User’s personal private and non-commercial use only, provided that User does not:
(a) download or print any Material in a systematic or regular manner to create a database (electronic or paper form);
(b) remove any notices relating to the ownership of copyright or other intellectual property rights in the Material;
(c) modify, translate, reverse engineer, reproduce, decompile, disassemble or create derivative works of any of the Material;
(d) rent, lease, sub-license, loan, copy, commercially exploit or give or transfer any rights in the Material in any form, to any person or entity without RTINGS prior written consent.
RTINGS status as the owner of the Material must always be acknowledged. If User prints off or otherwise copies any part of the Site or Material in breach of these Terms, User’s rights to use the Site will cease immediately and User must return or destroy any copies of the Material.
3.3 Prohibited uses User agrees not to use the Site for any of the following purposes:
(a) to send or distribute multiple unsolicited messages ('Spam') or to cause any other person annoyance, inconvenience or worry;
(b) to carry out any activities in relation to "screen scraping" or "database scraping" to obtain lists of users, URLs, internet keywords or other information;
(c) to access the Site by any means other than through the interface that is provided by RTINGS for use in accessing the Site;
(d) to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Site;
(e) to interfere with or disrupt the Site and/or any of its Services or servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(f) to collect or store personal data about other users of the Site whether or not for commercial purpose without their consent. This includes the posting of phone numbers, addresses or any other private information without the express permission of User.
3.4 Submission of Material to the Website
User agrees that any Material User submits for publication on the Site, including but not limited to questions submitted to RTINGS by User to be answered publicly on the Site (“Q&A”), is done on the following terms:
(a) to not submit Material that is offensive, abusive, indecent, defamatory, obscene;
(b) to not submit any Material which infringes the intellectual property rights of any third party or in breach of any obligation of confidentiality;
(c) to grant RTINGS a worldwide, irrevocable, royalty free license to use the Material in perpetuity in any format and on any media;
(d) RTINGS reserves the right to publish the Material submitted and to make any changes, modifications, additions or deletions to the Material, prior to publication or at any time thereafter;
(e) RTINGS reserves the right to remove and/or delete the Material submitted by User without notice;
(f) RTINGS reserves the right to share User’s identity with any third party who claims that any Material submitted User to the Site violates the Terms;
(i) RTINGS holds the sole discretion in identifying User as a contributor in any Material, User waives any moral rights user may have in respect of the use of Material.
ARTICLE 5. Third party sites and links
The Site may contain links to third party websites which are controlled and operated by parties other than RTINGS. RTINGS is not responsible for any content of any linked site or any link contained in a linked site. The inclusion of any link on the Site does not imply endorsement by RTINGS of the linked site. If User decides to access linked third party websites, this action is completed at User’s own risk and any of the consequences thereof are assumed solely by User.
User may provide links to the Site for personal use in accordance with the provisions of section 4 of the present Agreement, including without limitations on Facebook , Twitter, Blogs and Instagram, assuming that User, shall not negatively effect RTINGS reputation. User must clearly indicate that all Material found on the Site is the property of RTINGS. RTINGS holds the sole discretion and right, to withdraw the permission without providing notice of any sort to User.
ARTICLE 6. Commission
Any of the Commissions, fees or any and all other compensation obtained by RTINGS shall be the sole and exclusive property of RTINGS, User shall not receive any commissions and/or any compensation for the use of the Site.
ARTICLE 7. DISCLAIMER: third parties warranties
The warranties applicable to each product reviewed or mentioned on the Site are provided by the manufacturers or distributers of such product. RTINGS does not manufacture nor distribute any of the products reviewed or mentioned on the Site. RTINGS provides no guarantee on the products identified on the Website.
ARTICLE 8. Liability
RTINGS is not liable for any omission, lack of accuracy or reliability of the Material published on the Site. All information provided by RTINGS is believed to be accurate as of the time of publication on the Site. User must verify information with the merchant site and check the merchant’s terms and conditions before any purchase. Any reliance upon any content or other material of the Site is at the sole risk of User.
RTINGS does not sell, resell, or license any of the products reviewed or mentioned on the Site. RTINGS disclaims any responsibility or liability related to them.
User correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between User and that third party. User agrees that RTINGS is not responsible or liable for any loss or damage of any sort incurred as the result of any transactions with third parties. Any questions, complaints, or claims related to any product or Service should be directed to the appropriate vendor.
RTINGS disclaims any and all liability, whether based in contract, tort, strict liability or otherwise. RTINGS shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Services.
Notwithstanding the other provisions of this Agreement in the event RTINGS is found liable to User for any damage or loss which arises out of or is any way connected to the use of the Services, liability of RTINGS shall in no event exceed the greater of CND $100.00.
ARTICLE 9. Indemnity
User agrees to indemnify, defend and hold RTINGS and its affiliates, harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by RTINGS in connection with:
(a) User’s use of, or connection to the Service;
(b) The use or alleged use of User’s personal accounts or passwords by any person, whether or not authorized by User;
(d) User’s violation of the rights of any other person or entity.
ARTICLE 10. Intellectual Property
The content of the Site is the exclusive property of RTINGS all trademarks and copyrights attached to the Site are owned by RTINGS and are protected by the Canadian and International laws regarding intellectual property matters. Due to this, any reproduction, total or partial, of the contents of RTINGS is totally forbidden.
Any contrary use of any part or all of the Site or of one of the elements of their content would be a violation of the intellectual property rights of RTINGS and may result in legal proceedings against the person who violated it.
ARTICLE 11. ACCOUNT
11.1 Registration. User can create an account in order to get customized reviews. User must provide complete and accurate information. User must promptly update information to keep it complete and accurate. User shall maintain the confidentiality of password and account.
11.2 Use. User is entirely responsible for any and all activities that occur under the account.
11.3 Security User shall notify RTINGS immediately of any unauthorized use of User’s account or any other breach of security. RTINGS will not be liable for any loss, damages, liability, expenses or attorneys’ fees that may incur as a result of a third party using User’s password or account, either with or without User’s knowledge. User will be responsible and liable for losses, damages, liabilities, expenses and attorneys’ fees incurred by RTINGS or a third party due to authorized or unauthorized use by a third party of the account.
11.4 Use of Others’ Accounts. User may not use anyone else’s account at any time.
11.5 Termination of Accounts for False, Inaccurate, Out-Of-Date or Incomplete Information. If User provides any information that is false, inaccurate, out-of-date or incomplete, or if RTINGS has reasonable grounds to suspect that such information is false, inaccurate, out-of-date or incomplete, RTINGS may suspend or terminate the user’s account and refuse use of the Services.
11.6 No Obligation to Retain a Record of Your Account. RTINGS has no obligation to retain a record of User’s account or any data or information that User may have stored for convenience by means User Account or the Services.
ARTICLE 12. Applicable law and jurisdictional competence
The Terms are under the laws of Quebec.
Any action by or against either party arising out of these Terms shall only be brought before and settled by the competent Court of the Province of Quebec, Canada and to that effect the parties herein elect a domicile in the city and district of Montreal, Province of Quebec.
ARTICLE 13. Miscellaneous
If any part of these Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms will not be affected.
Nothing in these Terms shall be construed as creating a partnership, joint venture or agency relationship between you and RTINGS.