Terms and Conditions of Use
This web site, including any subsite accessible through the homepage, (the "Site") is published and maintained by subsidiaries, affiliates and/or related entities of Rawlco Communications Ltd. ("Rawlco").
You can e-mail us at regweb@rawlco.com.
Please note that when you enter any subsite accessible through this homepage, such subsite may have its own terms and conditions of use which is specific to such subsite. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.
Your
Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange,
modify, sell or transmit anything you copy from this Site, including but not
limited to any text, images, audio and video, for any business, commercial or
public purpose. As long as you comply with the terms of these Terms and
Conditions of Use, Rawlco grants you a non-exclusive, non-transferable, limited
right to enter, display and use this Site. You agree not to interrupt or attempt
to interrupt the operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to audio, images,
software, text and video clips (the "Content"), are protected by
copyright under Canadian copyright law, international conventions, and other
copyright laws. You cannot use the Content, except as specified herein. You
agree to follow all instructions on this Site limiting the way you may use the
Content.
There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, Rawlco is not granting you any license to utilize those proprietary logos, service marks, or trademarks.
Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal use at home unless the subsite you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
Rules for
Contest Entries, Email Requests and Electronic Transmittal
This Site may have an area which prompts you to email Rawlco or upload and
download materials. When using any of these areas, you agree not to post, send,
transmit, upload or otherwise publish through this Site, any materials that:
(1) interfere with anyone else's use of the Site;
(2) are abusive, illegal, indecent, obscene, offensive or threatening in any
way;
(3) encourage anyone to break the law;
(4) violate anyone's copyright or other property right;
(5) interfere with the privacy of any other user;
(6) contain a virus or any other harmful component;
or (7) contain false or misleading statements of fact or descriptions of the
origin of the material or the communication.
You agree to comply with any additional terms which are referred to on this Site or any subsite within the Site.
Responsibility
for User's Material
You are prohibited from posting or transmitting any defamatory, libelous,
obscene, pornographic, profane, threatening or unlawful material or any material
that could constitute or encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise violate any law. Although
Rawlco may from time to time monitor or review discussions, postings,
transmissions and the like on the Site, Rawlco is under no obligation to do so
and assumes no liability or responsibility arising from the contents of any such
communications or for any defamation, error, inaccuracy, libel, obscenity or
profanity contained in any such communication. Rawlco may change, edit, or
remove any user material or conversations that are illegal, indecent, obscene or
offensive, or that violates Rawlco's policies in any way. Rawlco will fully
cooperate with any law enforcement authorities or court order requesting or
directing Rawlco to disclose the identity of anyone posting such materials.
Rawlco's
Rights to User's Material
If you send any communications or materials to the Site by electronic mail or
otherwise, including any comments, data, questions, suggestions or the like, all
such communications are, and will be treated as, non-confidential and
non-proprietary. Thus, you give up any claim that any use of such material
violates any of your rights including moral rights, privacy rights, proprietary
or other property rights, publicity rights, rights to credit for material or
ideas, or any other right, including the right to approve the way Rawlco uses
such material. Any material submitted to this Site may be adapted, broadcast,
changed, copied, disclosed, licensed, performed, posted, published, sold,
transmitted or used by Rawlco anywhere in the world, in any medium, forever.
Furthermore, Rawlco is free to use, without any compensation to you, any
concepts, ideas, know-how or techniques contained in any communication you send
to the Site for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products using such information. However, you agree
and understand that Rawlco is not obligated to use any such ideas or materials
and you have no rights to compel such use.
Transmitted
Material
Internet transmissions are never completely private or secure. You understand
that any message or information you send to this Site may be read or intercepted
by others unless there is a special notice that a particular message is
encrypted. Sending a message to Rawlco does not cause Rawlco to have any special
responsibility to you.
Links
This Site may contain links to other Internet sites on the World Wide Web.
Rawlco provides such links for your convenience only, and is not responsible for
the content of any site linked to or from this Site. Links from this Site to any
other site do not mean that Rawlco approves of, endorses or recommends that
site. Rawlco disclaims all warranties, express or implied, as to the accuracy,
legality, reliability or validity of any content on any other site.
Contests
This Site may contain contests that require you to send in material or
information about yourself or offer prizes. Each contest has its own rules,
which you must read and agree to before you may enter.
Rules for Kids
(Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
Eligibility
of Contests
The Contests displayed on the Site may not be eligible for entry in your
particular country or locality. The reference to such Contests on the Site does
not imply or warrant that these Contests will be available at any time in your
particular location. You should check with a Rawlco authorized representative
for the availability of specific Contests in your area. A general rule of thumb
is that the Contests outlined upon this Site are to be awarded locally and are
not offered to people of other provinces or countries.
Rawlco's
Right to Change These Terms and Conditions of Use or Content on the Site
Rawlco may add to, change or remove any part of these Terms and Conditions of
Use at any time, without notice. Any changes to these Terms and Conditions of
Use or any terms posted on this Site apply as soon as they are posted. By
continuing to use this Site after any changes are posted, you are indicating
your acceptance of those changes. Rawlco may add, change, discontinue, remove or
suspend any other Content posted on this Site, including features and
specifications of contests described or depicted on the Site, temporarily or
permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend and hold Rawlco and all of its agents, directors,
employees, information providers, licensors and licensees, officers and parent,
(collectively, "Indemnified Parties") harmless from and against any
and all liability and costs (including, without limitation, attorneys' fees and
costs), incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you of these Terms and Conditions of Use or the foregoing
representations, warranties and covenants. You will cooperate as fully as
reasonably required in Rawlco's defense of any claim. Rawlco reserves the right,
at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you shall not in any event
settle any matter without the written consent of Rawlco.
Disclaimer
of Warranties and Damages;
Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS
IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT
ON THIS SITE, Rawlco MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER
(1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE,
(2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER
COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR
ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE
SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO RAWLCO'S NEGLIGENCE,
SHALL RAWLCO BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT,
PUNITIVE OR SPECIAL DAMAGES RELATED TO
(A) THE USE OF,
(B) THE INABILITY TO USE OR
(C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF RAWLCO OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Rawlco'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
General
Provisions
These Terms and Conditions of Use and any additional terms posted on this Site
together constitute the entire agreement between Rawlco and you with respect to
your use of this Site. Any cause of action you may have with respect to your use
of this Site must be commenced within (1) year after the claim or cause of
action arises. If for any reason a court of competent jurisdiction finds any
provision of these Terms and Conditions of Use, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of this agreement, and the remainder of
these Terms and Conditions of Use shall continue in full force and effect. These
Terms and Conditions of Use shall be governed by and construed in accordance
with the laws of the Province of Saskatchewan, Canada, without reference to its
conflicts of law rules.