|
CONDITIONS OF USE, PRIVACY AND FORBIDDEN ARTICLES & SERVICES
This document describes the CONDITIONS on which RENTINGINTERNATIONAL.COM CORPORATION allows and offers access to its services and it is effective since the 22nd of March 2005 for all Users.
THE USE OF THIS WEBSITE IMPLIES THE ACCEPTANCE OF ALL THE CLAUSES CONTAINED IN THE CONDITIONS OF USE AND THE PRIVACY SECTIONS OF THIS DOCUMENT AND THE LIST OF FORBIDDEN ARTICLES & SERVICES THAT YOU WILL FIND AT THE END OF THIS PAGE. IF YOU DO NOT AGREE TO BE BOUND BY THE CONDITIONS AND CONDITIONS OF THIS DOCUMENT, DO NOT USE THE SITE OR ACCESS THE SERVISES OF RENTINGINTERNATIONAL.COM
RIC RentingInternational.com Corp. (from now on, "RIC") has its address in 5111 Boulogne, H9K 1E2 Pierrefonds, Quebec, Canada and offers its services in the RIC Page http://www.rentinginternational.com. To contact RIC and its directives send an e-mail to info@rentinginternational.com
RIC will be able to modify these CONDITIONS OF USE as well as the PRIVACY clauses and the list of FORBIDDEN ARTICLES & SERVICES in any moment, simply by publishing them in its Website. It is understood that You (from now on called "You" or " The User" equally) have read and accepted them at the moment of entering RIC’s Website or when hiring the services of RIC. The headings or titles of the clauses and the different sections should be understood as a reference and in no way they define, limit, interpret, construe or describe the scope or extent of it. If after reading these document You still have any questions, send us an e-mail to info@rentinginternational.com
CONDITIONS OF USE
1.- User Restrictions Definition of User: In this document the words “User” or “You” is used to refer to every person that enters, uses or places an announcement in RIC’s Webpage. RIC’s services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. RIC’s services are not available to persons under the age of 18. (Please see clause No 18)
2.- Intellectual Property Your RIC account and your Personal Data (see clause Nr. 19 and 20) can not be transferred or sold to third parties. The User agrees that if RIC is suspicious that an illicit activity or an activity that infringes the rights of intellectual or industrial property was or is being committed, RIC can and will use all the means to fight it, including giving to the authorities limited access to the data that the involved Users have given to RIC.
3.- Fees and Services The updated fees are available at http://www.rentinginternational.com/packages and it is understood that You accept them at the moment You make your payment.
3.1 RIC may change its fees and its services at any moment and it will respect the terms of the service hired by the User until it expires.
3.2 When RIC introduces a new service, its fees are effective at the launching of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars. The User is responsible for paying all fees associated with using RIC’s services and its website and all applicable taxes. Depending on each country, certain taxes and government charges may be payable in relation to the transaction. RIC does not accept any responsibility for such taxes and other government charges on transactions on the Site.
3.3 For its own comfort, the User accepts that when the period of the RIC’s hired service finalizes, it will be automatically renewed by an identical period of time and under the updated CONDITIONS OF USE and updated FEES available at http://www.rentinginternational.com/packages To suspend the automatic renewal, the User has to follow the instructions given in the webpage Updates http:/www/rentinginternational.com/updates which can be accessed from all the pages of RIC’s website.
4.- Responsibilities 4.1 RIC’s role in the transactions. The RIC website acts as a meeting point to allow anyone to offer, sell, buy or rent just about anything, at anytime, from anywhere. RIC is not involved in the actual transaction between buyers, sellers or renters. RIC has no control over the quality, safety or legality of the items or services advertised or the truth or accuracy of the listings, nor the ability of sellers and buyers to make transactions. RIC can not ensure that a transaction between Users will be completed.
4.2 User’s Identity verification. Because User authentication on the Internet is difficult, RIC cannot and does not confirm each User's intended identity. RIC encourage You to communicate directly with the potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service that will be available at the moment You make Your payment.
4.3 Release. Since RIC is not involved in the actual transaction between Users, in the event that You have a dispute with one or more Users, You agree in releasing RIC and its subsidiaries, joint ventures and all officers, directors, agents and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4.4 Information Control. RIC does not control the information provided by other Users which is made available through the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using RIC’s Site. Please note that there are also risks for dealing with underage persons or people acting under false identities. By using this Site, You agree to accept such risks and RIC is not responsible for the acts or omissions of its Users.
5.- Listing and Advertising 5.1 Contents of the advertisement or listing. Because of the International nature of RIC, it is the User’s responsibility to take care of the contents of the listing or advertisement so it can not be considered of bad taste or result offensive to other races, religions or cultures. RIC has the right of not publishing in any of its pages any listing or advertisement related to the FORBIDDEN ARTICLES & SERVICES list that You will find at the end of this document. In the case that RIC decides not to publish a listing or advertisement, the User accepts to be fully reimbursed in a term not greater than 10 days for which he will be notified to the e-mail provided and refunded through the same way in which he paid. The User accepts that is his responsibility to verify his e-mail.
5.2 Listing Description. You must be legally able to sell the item(s) You list for rent or sale on RIC’s Website. Your add must be listed in the appropriate category. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item or service only if they observe the clause 5.1.
5.3 Fraud. Without limiting any other remedies, RIC may suspend or terminate Your account if You are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity that might harm RIC or its Users in any way.
5.4 Data Manipulation. Neither renters, sellers nor Users may manipulate, alter or modify the information given by other User.
6.- Your Information and Personal Data 6.1 Definition of “Your Information”. Your Information is defined as any information You provide to RIC or other Users in the registration, renting, selling or listing process, in any public message area or through any e-mail feature. You are solely responsible for Your Information, and RIC acts as a passive conduit for the online distribution and publication of Your Information.
6.2 Definition of "Personal Data". Personal Data is defined as the Information that is not published in RIC’s webpages but that is necessary for billing and registration purposes such as Your financial information, Your address, credit card number, etc. The user is solely responsible for the accuracy of his Personal Data.
6.3 Restrictions. Your Information, Your Personal Data and any items or service listed for sell or rent will (I) not be false, inaccurate or misleading; (II) will not be fraudulent or involve the sale of counterfeit or stolen items; (III) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy and (IV) will not violate any law, statute, ordinance or regulation. Your information (V) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (VI) will not be obscene or contain child pornography and (VII) will not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. The conscious or unconscious faults that You commit with your Information will not generate any responsibility or liability to RIC and will not make RIC loose any of the services of its suppliers.
6.4 License. Solely to enable us to use the information You supply us with, so that RIC is not violating any rights You might have in that information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information. You also waive all moral rights You have in such information. RIC will only use Your Information in accordance with our Privacy Policy found further in this document.
7.- Data Access and Interference The RIC Site contains robot exclusion headers. You agree that You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. The User agrees (I) not to bypass our robot exclusion headers or other measures RIC may use to prevent or restrict access to the Site or to interfere or attempt to interfere with the proper working of the Site (II) The user agrees not to take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. (III) Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to RIC by our Users or third parties. You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the RIC Website without the prior expressed written permission of RIC and the appropriate third party.
8.- Breach The user agrees that without limiting other remedies, RIC may suspend or terminate your membership and refuse to provide its services to You: (a) if You breach this CONDITIONS OF USE or the documents it incorporates by reference; (b) if RIC is unable to verify or authenticate any information You provide to us; or (c) if RIC believes that your actions may cause financial loss or legal liability for You, our Users or RIC. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.
9.- Personal Data To be able to use the services offered by RIC, the Users should facilitate their Information and Personal Data (described in the clause Nr.6). RIC will process it according to the clauses contained in the section named PRIVACY that You will find further in this document.
10.- No Warranty The user accepts that RIC, its employees and suppliers provide its website and services "as is" and without any warranty.
11.- Liability Limit In no event shall RIC and/or its employees or suppliers be liable for any loss or damage (including negligence) that could arise from this CONDITIONS OF USE or the services provides by RIC or its suppliers. The responsibility of RIC and its suppliers with the User and third parties, in any circumstance, is limited to the amount of fees you pay to RIC in the 12 months prior to the action giving rise to liability.
12.- Indemnity You agree to indemnify and hold RIC and its parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to, or arising out of Your breach of this CONDITIONS OF USE or the documents it incorporates by reference, or Your violation of any law or the rights of a third party.
13.- Legal Compliance The User will comply with all domestic and foreign, national or international applicable laws, statutes, ordinances and regulations related with the use of RIC´s services and its rentals, sales, listings or purchase of items or services.
14.- User’s relation with RIC The User and RIC are completely independent. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15.- Notifications RIC and the User agree that the name, the e-mail, the address and the telephone number that the User provides in his posting and the data provided by RIC in the second paragraph of these Conditions of Use, will be the ones that both parts will use to establish contact and give notifications to each other if necessary. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, RIC may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to RIC during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
16.- General This Agreement shall be governed in all respects by the laws of the Province of Quebec and the federal laws of Canada applicable therein. If any provision of this CONDITIONS OF USE is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated CONDITIONS and conditions may be automatically assigned by RIC, in our sole discretion, to a third party in case of fusion or acquisition. Clauses 3 (Fees and Services) 4.3 (Release), 6.4 (License), 7 (Access and Interference), 10 (No Warranty), 11 (Liability Limit), 12 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
17.- Resolution of Disputes For the benefit of both parts, RIC strongly encourage You to first contact us directly at info@rentinginternational.com to seek a resolution to resolve a dispute through alternative resolution procedures, such as mediation, as an alternative to litigation. Because of the International nature of RIC and its Website, it is the express wish of the parties that this document and any related documents be drawn up and executed in English. RIC encourage You to inform all User-to-User disputes to your local authorities, law enforcement, postmaster general or a certified mediation or arbitration entity.
PRIVACY
This section describes the CONDITIONS, conditions, policies, statutes and rules under which the publication of the information is regulated in all the electronic pages of RIC.
The fact of using the RIC Website implies that the User has read this document and that expressly consents RIC to the use and disclosure of his or her Personal Information in accordance of the following Privacy clauses with are part of this CONDITIONS OF USE and to which the User surrenders.
18.- A Special Note About Children Persons under the age of 18 can not use the RIC Website. RIC strongly suggests children not to submit any personal information to us.
19.- Storage of your Information All Your information is stored in a database at the servers of the company Canadian Web Hosting located at Richmond, BC, V6Y 4H4, CANADA . The User authorizes RIC to keep in a file specific for You all the texts, documents, Your Information and Personal Data that is sent to RIC via e-mail or postal mail and all the comments you write and those that other Users write about you in our forums and message areas.
20.- Services Access RIC does not guarantee continuous, uninterrupted or secure access to our services and operation of our Site may be interfered with by numerous factors outside of our control.
21.- Use of “Cookies” "Cookies" are small files placed on your hard drive that assist us in providing our services. RIC also uses “cookies” to allow You to enter Your password less frequently during a session. Cookies can also help us provide information that is targeted to Your interests. Most cookies are "session cookies," meaning that they are automatically deleted at the end of a session. You may encounter “cookies" or other similar devices on certain pages of our Site that are placed by third parties. For example, if You view a RIC page created by a user, there may be a "cookie" placed within that RIC page. RIC does not control the use of “cookies” by third parties.
22.- Use of Your Information The User agrees that RIC uses the information about your movements in the Webpage to make internal studies about the interests and behavior of the Users of RIC Webpage so we can improve our services. At times RIC looks at Your Information and Personal Data to identify Users using multiple User ID's or aliases, to detect problems, resolve disputes, and to give fulfillment to the clauses of this Conditions of Use. In the cases when RIC asks You to provide us with your financial Information, we use it, including your credit card Information and expiration date to verify the User’s, name, address and related Information to bill You and ensure the reliability of the members of the RIC community and to avoid fraud and other criminal activity.
23.- Publicity The user accepts that his or her information is used by RIC to send You by e-mail or other means the administrative communications, newsletters and advertising from RIC and third parties that we consider could be from your interest. You expressly agree to receive this communications but if You do not want to receive them, follow the instructions given in the Updates page at http:/www/rentinginternational.com/news, in this case, You accept that it is your responsibility to review RIC’s webpages to be updated with all changes. RIC will never give Your Information to third parties so they can send you their advertisement and RIC will not reveal data such as your password, credit card number or bank account to the advertisers.
24.- Protection of Your Information and Personal Data RIC uses firewalls and encryption and other safeguards to protect Your personal information against loss, theft or unauthorized access by Users inside and outside the company. However, keep in mind that "perfect security" does not exist on the Internet, there is always a remote chance that Your Information and Personal Data are seen and registered by third parties or other Users. The User accepts that RIC is not responsible of the use given to the information obtained illegally from our website and the consequences that could arise from this event. On other side, RIC will be forced to communicate Your Information and Personal Data to the authorities every time it is legally requested.
25.- Non solicited mail In RIC’s Webpage you will be identified with a username, an alias and an e-mail address. Even that our Webpages are coded and protected, other Users can read your e-mail from RIC’s Site since it appears in your posting, therefore, sometimes, other Users and third parties could send you non solicited mail
26.- External service providers There are various external service providers that help You to use RIC’s Website (e.g., affiliate or shared Websites, listing agents, escrow, authentication, mediation, shipping, packaging). For your own convenience, if You decide to use them, RIC will disclose part of Your Information and Personal Data to the external service providers and that information will then be governed by their own privacy policy. The User accepts that it is his or her responsibility to read those policies before deciding to use those services.
26.1 In every case, before revealing any of your Personal Information to external service providers, the User will have the opportunity to know what data will be sent and accept the transmission. To prevent our disclosure of Your personal information to an external service provider, You can decline such consent or simply not to use their services.
27.- Internal service providers The Internal Service Providers (e.g. search technology, discussion boards, surveillance services, etc.) pick information directly from You and they follow RIC’s our CONDITIONS OF USE If You provide additional information to an internal service provider directly, then their use of Your Information is governed by their applicable privacy policy.
28.- Other entities The User consents that RIC transfers and shares much of his or her data, including Your information and Personal Data, with our subsidiaries and joint ventures that are committed to serving your online trading needs and related services throughout the world. RIC shares Your Information with the business entities of RIC corporation in Europe because the server in which Your Information and Personal Data are stored is located in Canada at the address stated in the clause Nr.19 (Nineteen). Subsidiaries and joint ventures of RIC Corporation follow privacy practices no less protective than the ones described in this document, to the extent allowed by applicable laws.
29.- Use of Other User’s Information Under no circumstances, the User can disclose personal information about another User to any third party without our consent and the consent of that user excepting for: (a) RIC-related communications that are not unsolicited commercial messages, (b) using co-branded services offered through RIC (e.g. escrow, insurance, shipping and fraud complaints), and (c) any other purpose that such User expressly agrees to after You tell them the purpose You want to use it for. 30.- Use of e-mail Tools The User can not use the “Send this page to a Friend” service or other e-mail services that RIC offers, to send Spam or any content that violates our CONDITIONS OF USE. If the user sends an e-mail using the “Send this page to a Friend” service to an e-mail address that is not registered in RIC’s community, RIC will not use that e-mail address for any purpose other than to send Your e-mail. RIC does not rent or sell these e-mail addresses.
31.- Control of Your Password You are responsible for all actions taken with your User ID and password, including fees charged to your account. RIC does not recommend that you disclose your password to any third parties. RIC offers You the ability to automatically review and change the personal information by logging into the Site and entering the new information yourself at the page called UPDATE that you can find at http://www.rentinginternational.com/member
32.- Access and Update of Your Information The user can update his or her information at http://www.rentinginternational.com/member at any time. For security reasons and fraud control, if you decide to change your alias, RIC will block the earlier one so it can not be picked by another User. The User accepts the obligation to update his or her information every time it changes or if it is inaccurate. Any public postings made in a chat room or message area can not be changed or removed.
32.1 In certain cases RIC will retain in its files some personal information even if You have requested it to be removed with the purpose of preventing fraud, resolve disputes, troubleshoot problems, assist with any investigations and to enforce our CONDITIONS OF USE and comply with legal requirements as is permitted by law. Therefore, You should not expect that all of Your personal information will be completely removed from our databases in response to Your requests. However, such personal information will be deactivated from public and member viewing and will only be available to select RIC personnel.
33.- Other Information Collectors Except as otherwise expressly included in this CONDITIONS OF USE, this document only addresses the use and disclosure of information that RIC collects from You. To the extent that You disclose Your information to other parties, whether they are renters, buyers or sellers on our Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the personal information You disclose to them. Since RIC does not control the privacy policies of third parties, You are subject to the privacy customs and policies of that third party. RIC encourages You to ask questions before You disclose Your personal information to others.
34.- Notifications RIC updates and amends these CONDITIONS OF USE time to time based on the User’s comments or to adjust it to the use and communications of your Personal Information. All amended CONDITIONS shall automatically be effective 30 days after they are initially posted on the “News Page” that you can find at http:/www/rentinginternational.com/news. To subscribed users, RIC will send a Newsletter containing news about RIC’s community and any changes, if any, to these CONDITIONS OF USE.
FORBIDDEN PRODUCTS & SERVICES
The following list defines those articles and services prohibited from being published in RIC’s Site and WebPages. The User agrees that if his add contains any text, graphic or photograph that makes reference to this list, it will be removed according to the clause 5 (Five) of these CONDITIONS OF USE.
Violence Racism Nudism Obscene Gestures Pornography Swear words
Copyright © 2008 Rentinginternational.com Corporation. All Rights Reserved. Designated trademarks and brands are the property of their respective owners. |