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Terms and Conditions

  1. Introduction

    1. These terms of use explain how you may use this Application (the "App"). You should read these terms and conditions carefully before using the App. By accessing or using this App or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the App immediately. If you have any questions about this App, please contact us at the address set out below.

    2. Definitions

      "Data" means any text, images, video, audio or other multimedia content, contact information or other information or material submitted by You to the App;

      "We", "Us" or "Our" means Ross Video Limited, whose office address is set out below. References to us in these terms also includes our affiliated companies from time to time.

      "You" or "Your" means the person accessing or using the App or its Content.

    3. Privacy Statement - These terms include our Privacy Statement which shall be subject to these terms in the event of any conflict or inconsistency.

    4. Accessibility - We seek to make this App as accessible as possible. If you have any problems accessing this App or the content contained in it, please contact us at the e-mail address set out below.

  2. Restrictions on Use

    1. As a condition of your use of the App, you agree:

      1. to use the App in a professional manner and only for the normal purposes for which it has been created, being the creation of content for news media and other ancillary purposes;

      2. not to use the App for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;

      3. not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the App or Your Data in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

      4. not to [reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise] make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the App except as permitted by us under these terms or as expressly provided under applicable law;

      5. not to use the App to distribute viruses or malware or other similar harmful software code;

      6. not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

      7. that you are solely responsible for the Data that you submit to the App; and

      8. that you are solely responsible for all costs and expenses you may incur in relation to your use of the App and shall be solely responsible for keeping your password and other account details confidential.

    2. We reserve the right to prevent or suspend your access to the App if you do not comply with any part of these terms and conditions or any applicable law.

  3. Ownership, Use and Intellectual Property Rights

    1. This App and all intellectual property rights in the App (but excluding the Data) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

    2. Nothing in these terms and conditions grants you any rights in the App other than as necessary to enable you to access and use the App in the ordinary course. You agree not to adjust nor to try to circumvent or delete any intellectual property notices contained on the App.

    3. Trademarks - "Ross", "Inception" and "Ross Video" are our trademarks or tradenames (registered and unregistered). Other trademarks and trade names may also be used on this App. The use or misuse of any trademarks and tradenames on the App except as provided in these terms and conditions is strictly prohibited. Nothing contained in the App shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.

  4. Software

  5. Storing and Using your Data

    1. As between you and us, your Data belongs to you or your employer and not to us and you are responsible for it.

    2. Although we do our best to ensure that the App provides a secure means of storage and communication for your Data and to ensure the confidentiality of your Data, we cannot guarantee the security or confidentiality of your Data.

    3. We assume no responsibility or liability for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any of your Data.

    4. You represent and warrant that any Data you submit to or store in the App, where relevant and applicable, is and shall be your own original work and has been lawfully created or obtained and that you have all necessary consents or to or lawful purpose for the use, storage and transmission of the Data.

  6. Accuracy of Information and Availability of the App

    1. We do not represent, warrant or promise (whether expressly or by implication) that the App, or any component thereof, is free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the operation of this App is at your own risk and we may suspend or terminate operation of the App at any time at our sole discretion.

    2. While we make commercially reasonable efforts to ensure that the App is available, we do not represent, warrant or guarantee in any way the App's continued availability at all times or uninterrupted use by you of the App.

  7. Beta Testing Feedback and Confidentiality

    1. You acknowledge that the App is operating in Beta test mode, and you agree to report to us any flaws, errors or imperfections discovered in any of the App's operations, software or other materials where you have been granted access to the App. You understand that prompt and accurate reporting is the purpose of the Beta test and undertake to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledge that any improvements, modifications and changes arising from or in connection with your contribution to this project, remain or become the exclusive our property.

    2. You will not disclose the existence of the App or any comments regarding the App to any third party without our prior written approval. You will maintain the confidentiality of the App with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. You will not be liable for the disclosure of any confidential information which is:

      1. in the public domain other than by a breach of these terms and conditions on your part; or

      2. rightfully received from a third party without any obligation of confidentiality; or

      3. rightfully known to you without any limitation on use or disclosure prior to its receipt from us; or

      4. generally made available to third parties by us without restriction on disclosure."

  8. Hyperlinks and Third Party Apps and Websites

    1. The App may contain hyperlinks or references to third party apps or websites other than the App. Any such hyperlinks or references are provided for your convenience only. We have no control over third party apps or websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party app or website does not constitute an endorsement of such third party's app, website, products or services. Your use of a third party app or website may be governed by the terms and conditions of that third party app or website.

  9. Warranties and Limitation of Liability

    1. Because the App is provided in Beta test mode, provision of the App is experimental and shall not create any obligation for us to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop the App either to you or to any other party. THE APP IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE NOR ANY OF OUR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    2. Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the App exceed, to the extent permitted by law, the amounts paid by you to us in relation to your use of the App.

    3. Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for any other statutory rights or obligations which are not capable of being excluded.

  10. General

    1. These terms are dated as set forth below. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the App and by continuing to use and access the App following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

    2. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address set forth below and all notices from us to you will be displayed on our App from to time.

    3. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, pandemic, flood, fire, explosion or accident.

    4. If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

    5. These terms and conditions, together with the Privacy Statement, contain the entire understanding and agreement between us and you in relation to your use of the App and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

    6. You may not assign, sublicense or otherwise transfer any of your rights and obligations in these terms to any other person.

    7. These terms and conditions shall be construed in accordance with and governed by the laws in effect within the Province of Ontario, Canada. You and we irrevocably agree to submit to the jurisdiction of the Courts of the Province of Ontario, Canada.

    Date of these Terms and Conditions: November 3, 2020

    Contact Information for the Owner of this App:

    Ross Video Limited 62 Auriga Drive Ottawa, Ontario Canada K2E 7W6

    Email: privacy@rossvideo.com