Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.rappid.design website (the "Website") operated by Rappid Software Design Inc. ("us", "we", or "our").
Your access or use of the Website indicates that you have read, understood and agreed to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
Use of Company Materials
User Generated Content
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text, information, music videos, designs, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
Account and Account Use
If your use of the Website requires an account identifying you as a user of the Website (an “Account”):
You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;You agree to immediately notify us if any unauthorized use of your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, andYou agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
Affiliate Marketing and Advertising
We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sales of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Rappid Software Design Inc.
You further agree not to use and/or access the Website:To harass, abuse, or threaten others or otherwise violate any person’s legal rights;To violate any intellectual property rights of us or any third party;To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;To perpetrate any fraud;To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;To publish or distribute any material that violence, hate or discrimination towards any group;To unlawfully gather information about others.
Reverse Engineering and Security
You may not undertake any of the following actions:
Reverse engineer, or attempt to reverse engineer or disassemble any code software from or on the Website;Violate the security of the Website through any unauthorized access, circumvention of encryption or other tools, data mining or interference to any host, user or network.
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
You defend and indemnify Rappid Software Design Inc. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees which may arise from or relate to your use or misuse of the Website, your breach of theses Terms and conditions, or your conduct or actions. We will select our own legal counsel and may participate in our defence, if we wish to so.
We may need to interrupt your access to the Website to perform maintenance or emergency services or a scheduled or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
Termination of Account
We may, in our discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party compliant which related to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
Internet communications are subject to interception, loss or alteration and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Website communications by email may be intercepted, altered or lost.
Limitation on Liability
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Rappid Software Design Inc. arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Rappid Software Design Inc. in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Rappid Software Design Inc.
Rappid Software Design Inc, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Rappid Software Design Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.
Last updated: October 31, 2019
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