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Last Revised: March 11, 2002 These terms and conditions of use apply to your use of the Website located at www.realityclick.com (the "Website"). RealityClick inc. ("RealityClick") owns and operates the Website. By accessing any area of the Website you acknowledge the notices, and agree to be bound by the terms and conditions, set out below and by the provisions of our Privacy Policy which is incorporated herein by reference. If you do not agree with any of these terms and conditions or the Privacy Policy ,do not use the Website. Copyright All of the content published or otherwise accessible through this Website, both separately and as combined within this Website, whether or not readily visible or audible, including without restriction all text, graphics, logos, button icons, images, data and/or content compilations, site design and software (the "Content") is owned or controlled by RealityClick and is protected by Canadian, U.S. and international copyright laws. None of the Content may be copied, reproduced, republished, posted, transmitted or distributed in any way without the prior written permission of RealityClick. The use of any of the Content for any reason or the modification of any of the Content without the prior written permission of RealityClick is strictly prohibited. You acknowledge that the Content is owned by or licensed to either RealityClick or other third parties and is protected by copyrights, trade-marks and/or other rights and laws. You may download the Content available on the Website for your personal, non-commercial use only. Except as may be permitted by copyright law, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted Content. In the event of any permitted copying, redistribution or publication of copyrighted Content from the Website, no changes in or deletion of author, attribution, trade-mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading Content from the Website. Trademarks RealityClick and others are the owners or authorized users of all trade-marks on the Website, including but not limited to ["DZone™"], ["Dialogue Zone®"], "RealityClick®" and other names, logos, symbols, designs, service marks, icons and other proprietary designations identifying the products and services of RealityClick. All other product names, logos and icons used or mentioned herein are or may be the trade-marks of their respective owners. Any use of RealityClick trade-mark in connection with a non-RealityClick; product or service without the prior written permission of RealityClick, or any use of a RealityClick trade-mark in any manner that is likely to cause confusion among customers or other members of the public is strictly prohibited. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trade-mark displayed on the Website without the written permission of RealityClick or such third party that may own the trade-marks displayed on the Website. Your misuse of the trade-marks displayed on the Website, or any other Content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. Indemnity You agree to defend, indemnify and hold RealityClick and its affiliates and related companies, directors, officers, agents and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms and Conditions by you or users of your account, or in connection with the use of this Website or the placement or transmission of any information or other materials on this Website by you or users of your account. Links To Third Party Websites The Website may contain links to third party websites that are not owned or controlled by RealityClick. RealityClick expressly disclaims any liability for any of the contents of such third party websites and for any damages, losses, costs or expenses of any kind incurred by users and other third parties in connection with such content. Any links to other websites provided by RealityClick are provided solely for the benefit, convenience and enjoyment of the Website users and do not represent or imply any endorsement or approval by RealityClick of the linked websites. Disclaimer THIS WEBSITE AND THE INFORMATION HEREIN IS PROVIDED BY REALITYCLICK ON AN "AS IS" AND "AS AVAILABLE" BASIS. REALITYCLICK MAKES NO WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERRED TO ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, THERE ARE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES REGARDING HOW CURRENT, ACCURATE OR COMPLETE THIS WEBSITE OR ITS CONTENT IS. NEITHER REALITYCLICK NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES WILL BE LIABLE FOR ANY REASON WHATSOEVER FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT (EVEN IF REALITYCLICK HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR CLAIMS BY THIRD PARTIES. REALITYCLICK MAKES NO WARRANTY THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGES OR LOSS THAT RESULTS FROM DOWNLOADING SUCH MATERIAL. Applicable Laws The contents of the Website, including the disclaimers, terms and conditions outlined above and contained elsewhere in this Website, will be governed exclusively by the laws of the Province of Ontario and the applicable federal laws of Canada, without reference to rules governing conflict of laws. Revisions RealityClick reserves the right to make changes to this Website and to its policies, rules, disclaimers, terms and conditions at any time. THE FOLLOWING PROVISIONS APPLY TO CONSUMERS USING THE CONSUMER FEEDBACK PORTIONS OF THE WEBSITE AND ARE IN ADDITION TO, AND NOT IN SUBSTITUTION FOR, THE TERMS AND CONDITIONS OF USE LISTED ABOVE: Users' Content Any content including without restriction responses, opinions, commentaries or any other information that a user provides on the Website (the "User Content"), and all copyright in such User Content, becomes the exclusive property of RealityClick upon receipt, and the user hereby agrees to waive in favour of RealityClick all of his or her moral rights in the User Content. All or any portion of the User Content may be used, modified, copied, reproduced, published, translated, fully sublicensed, distributed and/or incorporated into other works in any form or media without compensation of any kind to the user and the user hereby grants RealityClick and its service providers a worldwide, non-exclusive, royalty-free, perpetual and irrevocable license to do so. By providing the User Content to RealityClick, the user warrants and represents that he or she owns or otherwise controls all of the rights to the User Content and has the full right and authority to provide it, that the User Content does not violate the Website's Acceptable Use Policy (as set out and defined below) and that the User Content will not cause injury to any other person or entity. RealityClick expressly disclaims any liability for any User Content and for any damages, losses, costs or expenses of any kind incurred by users and other third parties in reliance on such User Content. Any comments, opinions or views expressed in the User Content are those of the parties providing such User Content, and are not the comments, opinions or views of RealityClick, its service providers, or any of its shareholders, officers, directors, employees, agents or representatives. RealityClick reserves the right to not publish, or to remove, any User Content that it deem, in its sole discretion, to be inappropriate for any reason whatsoever. Acceptable Use The purpose of this Website is to exchange information, share ideas and state opinions. Anyone not adhering to this policy (the "Acceptable Use Policy") may be banned from the Website and have his or her postings removed immediately. The following activities are considered to be unacceptable uses of the Website: Illegal Activity - in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software or materials, harassment, fraud, trafficking in obscene, illegal or contraband material including drugs, alcohol, weapons, or pirated materials. Transmission of Obscene, Profane or Offensive material - including the creation or transmission of any offensive, obscene or indecent images, data or other material, or any data capable of being resolved into obscene or indecent images or material, profane language, overt criticism of another's point of view, and language or commentary that is of a racial, religious or other offensive nature. Tortious conduct - including but not limited to, posting of false, defamatory, or scandalous information about a person or company, posting of private information about a person without that person's consent, intentionally inflicting emotional distress, or violating trademarks, copyright or other intellectual property rights. Net abuse or violation of netiquette - including but not limited to using non-existent return e-mail addresses for a commercial solicitation, spamming (sending unsolicited advertising to numerous e-mail addresses or newsgroups and/or generating a significantly higher volume of outgoing e-mail than a normal user), trolling (posting outrageous messages to generate numerous responses), mail-bombing (sending multiple messages without significant new content to the same user), or subscribing someone else to a mailing list without that person's permission. If you would like to advise RealityClick inc. of any commentary or posting(s) that you feel are outside acceptable standards, E-mail us at [NO SPAM-REMOVE]communitybreach@rcdzone.net © 2001-2004 RealityClick® inc. All rights reserved. |
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