TERMS & CONDITIONS
6. Content Not Screened or Error Free. You acknowledge and agree that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. You further acknowledge and agree that the Website and the Content may contain errors or omissions. You acknowledge and agree that RWC does not screen or review published content on the Website to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will RWC be liable in any way for any user or other third-party content, including, but not limited to, defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such content posted, emailed or otherwise transmitted via the Website. RWC does not guarantee that content accessed or provided via the Website will be to your satisfaction. In the event that you believe that content published on the website or through the Website contains defamatory material or otherwise is published in violation of these Terms and Conditions please contact us right away using the contact information below.
By Email: firstname.lastname@example.org
7. Copyright and Notices for Making Intellectual Property Right Claims. RWC respects the intellectual property rights of others. RWC both creates original content and is an aggregator of 3rd party content. If you believe that your content has been used on the Website in a manner that constitutes copyright infringement, please email RWC at email@example.com with the following information: (a) description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (c) a description of where the material that you claim is infringing is located on the Website, including the URL; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. RWC will respond immediately to your email and will either seek to license the content from you or will immediately remove the content from the Website.
8. Content Rights: (a) all original Content created by RWC or commissioned by RWC on the Website (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of Canada and worldwide copyright laws and treaty provisions, and RWC (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and RWC (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site; (b) By posting or submitting content on or to the Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you automatically grant (or warrant that the owner of such materials expressly grants) RWC and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, store, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials and to use such content for promotional and marketing purposes. Such license will apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and RWC agree otherwise) you shall have no rights with respect thereto and RWC or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period,
9. Prohibited Conduct. You shall be solely responsible for your own submissions and the consequences of posting or publishing them on the the Website. In connection with each of your submissions, you affirm, represent, and/or warrant that You agree that you will not use the Website to do any of the following: (a) restrict or inhibit others from using and enjoying the Website; (b) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You agree not to use the Website to upload, post, email, otherwise transmit, transfer, distribute, display, post links to, or advertise any of the following: (a) content that promotes illegal activity; (b) content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way; (c) content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships; (d) content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable; (f) content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement, including making available; and (g) unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose. You may not advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items: (h) firearms, explosives, or weapons; (i) food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants; (j) any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors; (k) any controlled substances; (l) any items that are counterfeit or stolen; (m) any dangerous items; (n) any goods or services that do not, in fact, exist; (o) any registered or unregistered securities; (p) any items that violate or infringe the rights of other parties; (q) any items that you do not have the legal right to sell; or (r) any items where advertising, offering for sale or selling through RW or the Service would cause RW to violate any law. Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the Website and Service. You, and not RWC, shall be responsible for ensuring that your use of the Website in connection with your content offering does not constitute a criminal offence, give rise to civil liability or otherwise violates any applicable law, regulation or ordinance, including, but not limited to, Canadian Law, regarding the transmission of copyrighted, trademarked content or personally-identifiable information or controlled technical data.
10. DISCLAIMER OF WARRANTIES. THE SERVICES, AND ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RW AND ITS SUBSIDIARIES AND AFFILIATES (A) MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (i) REGARDING THE WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICE OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE; OR (ii) THAT THE MATERIALS ON THIS WEBSITE CONFORM TO YOUR LOCAL LAWS (IF YOU ARE ACCESSING THIS WEBSITE FROM A LOCATION OUTSIDE BRITISH COLUMBIA, YOU ACKNOWLEDGE THAT YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS); AND (B) HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING ANY OF THE FOREGOING, RW MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. 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 DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
12. Jurisdiction. These Terms and Conditions and the relationship between you and RWC shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia for the adjudication of any and all claims arising out of your use of the RWC Website and you waive any objection thereto.
13. General. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Effective Date: January 15, 2019.