IMPORTANT: The Platform you seek to use is licensed only on the condition that you agree with Raffle Nexus Canada Inc. (“RNC”) on the terms and conditions set forth below. PLEASE CAREFULLY READ THE TERMS OF THIS END-USER AGREEMENT (the “Agreement”).
RNC reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline of RNC, at any time and in its sole discretion. Any change or modification will be effective upon posting of the revisions and notice of such changes to the Platform. Your continued use of the Platform following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review this Agreement and applicable policies to understand the terms and conditions that apply to your use of the Platform.
- DEFINITIONS: As used in this Agreement,
- “Intellectual Property” means any property, tangible or intangible, that may be subject to Intellectual Property Rights, including without limitation, ideas, formulae, algorithms, concepts, techniques, processes, procedures, approaches, methodologies, plans, systems, research, information, documentation, data, data compilations, specifications, requirements, designs, diagrams, programs, inventions, technologies, software (including its source materials), tools, products knowledge, know-how, including without limitation, trade secrets, and other materials or things.
- “Intellectual Property Rights” means: (a) any and all proprietary rights anywhere in the world provided under: (i) patent law; (ii) copyright law, including moral rights; (iii) trademark law; (iv) design patent or industrial design law; (v) semiconductor chip or mask work law; (vi) trade secret law; (vii) privacy law; or (viii) any other statutory provision or common law principle applicable to this Agreement which may provide a right in either: (A) Intellectual Property; or (B) the expression or use of Intellectual Property; and (b) any and all applications, registrations, licenses, sub-licenses, franchises, agreements or any other evidence of a right in any of the foregoing.
- “Platform” means browser-based access to the Software, made available to you using the RNC System;
- “RNC System” means the Software, RNC’s server(s) and such devices and peripherals physically located with the server, including all computer hardware, software, network elements, and electrical and telecommunications infrastructure located behind the point of access;
- “Software” means the application computer software for the Platform;
- “Your Data” means any data, files documentation or other information that you may upload to the RNC System when using the Platform.
- INTELLECTUAL PROPERTY RIGHTS: RNC owns all worldwide right, title and interest, including all Intellectual Property Rights, in and to the Platform and any modifications, enhancements, upgrades, updates or customization to the Platform. You do not acquire any rights, title or ownership interests of any kind whatsoever.
- PROVISION OF PLATFORM: Subject to the terms and conditions of this Agreement, RNC will operate, maintain and make available the Platform for your use in accordance with this Agreement, and hereby grants to you a limited, non-transferable, non-exclusive, revocable right, to access and use the Platform for the purpose of participating in a raffle, including without limitation viewing prizes, reading raffle information, ordering tickets and using sharing tools (the “Purpose”). If, in the opinion of RNC, you are attempting to act or are acting in breach of this Agreement, RNC shall have the right to immediately terminate your access to and use of the Platform.
- USE RESTRICTIONS: Any rights not granted herein are strictly reserved by RNC. You shall not and shall not authorize any third party to:
- transmit files the may contain viruses, corrupted files, or any similar software or programs that may damage or adversely affect the operation of another person’s computer, RNC’s sites, any software or hardware, or telecommunications equipment;
- probe, scan or test the vulnerability of the Platform or circumvent any security mechanism used by the Platform;
- engage in any illegal activities;
- use any automated means, including without limitation, agents, robots, scripts or spiders to access, monitor, or copy any part of the Platform, except those automated means that RNC have approved in advance and in writing;
- use the Platform or any part thereof for any purpose other than the Purpose; or
- use, without their express permission, the names of RNC or any of its related entities in your advertising, publicity, or otherwise.
You acknowledge and agree that it would be difficult to measure damages to RNC from any breach by you of this Section or any use of the Platform other than as expressly permitted by this Agreement, and that damages would therefore be an inadequate remedy for such a breach. Accordingly, you agree that in the case of any breach contemplated in this Section, RNC shall be entitled to, in addition to all other remedies it may have, seek an injunction or other appropriate order in any court of competent jurisdiction to restrain any such breach by you or any non-permitted use of the Platform by you without showing or proving any actual damage sustained.
- AUDITS AND UNAUTHORIZED USE: RNC reserves the right to monitor and audit your usage of the Platform for the purpose of (among others) ensuring compliance with the terms of this Agreement. Any such audit may be carried out by RNC or a third-party authorized by RNC, at RNC’s expense. In case of unauthorized use of the Platform by you, RNC reserves the right to deny access to the Platform to you, by blocking without prior notification the IP address(es) used to access the Platform by you.
- VIRUSES: If RNC, in its absolute discretion, forms the view that any of Your Data or any other information or files uploaded by you contains or includes a virus, RNC may remove such data, information or file from the Platform and take such other action as RNC deems necessary to protect the integrity and operation of the Platform. Any costs associated with such removal may be charged by RNC to you. RNC shall notify you of its actions under this Section 7 as soon as reasonably possible.
- AGE AND RESPONSIBILITY: You represent that you are of sufficient legal age to legally engage in gambling activities in British Columbia, use the Platform and to create binding legal obligations for any liability that you may incur as a result of the use of the Platform. You understand that you are financially responsible for all uses of the Platform by you.
- DISCLAIMER OF WARANTY: The Platform and any tools, applications, information or materials provided to you in connection with the Platform are provided “as is”, without warranty of any kind. You acknowledge and agree that RNC makes no representations and extends no warranties of any kind, either express or implied. There are no express or implied warranties of merchantability or fitness of the Platform for a particular purpose, or that the use of the Platform will not infringe any patent, copyright, trademark or other rights, or any other express or implied warranties. In particular, nothing in this Agreement is or will be construed as:
- a warranty or representation by RNC as to the validity or scope of copyright or other intellectual property rights in the Platform;
- an obligation to furnish any software, technology, or technological information to you; or
- an obligation on RNC to correct errors deemed to be internal to the Platform (“Malfunctions”) that arise in any version of the Platform. RNC does not warrant that the Platform is free from Malfunctions nor that any Malfunctions can or will be corrected.
The entire risk arising out of the use or performance of the Platform remains with you.
- LIMITATION OF LIABILITY: RNC will not be liable to you or any other person or entity for any liability, loss or damages caused or alleged to have been caused, either directly or indirectly, by the Platform. Without limiting the foregoing, in no event will RNC or anyone else involved in the creation, production, marketing, distribution, or delivery of the Platform, be liable for any damages whatsoever arising out of or related to the use of the Platform or the inability to use the Platform, even if you have been notified of the possibility of such damages.
In no event shall RNC be liable for any special, indirect, or consequential damages, or for any damages whatsoever, arising out of, or in connection with, the use or performance of the Platform and other information provided to you by RNC, or in the provision of, or failure to provide, services or information.
- INDEMNITY: You will indemnify, defend and hold harmless RNC, its directors, employees, and agents from and against any and all liability, loss, damage, action, claim or expense in connection with any claim, suit action, demand or judgment arising out of, connected with, resulting from, or sustained as a result of your use of the Platform or your inability to use the Platform.
- LINKS: The Platform may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by RNC of the linked website or information contained therein. RNC shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
- SECURITY REQUIREMENTS: RNC shall implement and maintain reasonable safeguards and controls to deter and for the detection, prevention and correction of any unauthorized intrusion, access or use of the Platform and Your Data. You acknowledge and agree that notwithstanding the implementation of such safeguards and controls, such methods and procedures may not prevent unauthorized electronic intruders to access the Platform through the Internet or through other form of electronic communication. If such unauthorized electronic intruders are able to bypass RNC’s security protocols, firewall and safeguards, such unauthorized electronic intruder may change, delete or otherwise corrupt the contents and data contained in the Platform, including Your Data. Except for the maintenance of appropriate firewall and safeguards as described above, which are designed to frustrate access from unauthorized electronic intruders, RNC shall not be liable to you, and hereby disclaims responsibility, with respect to any action, destructive or otherwise, by any unauthorized electronic intruder.
You grant RNC a limited license to hold, retain, store, transmit, use and process Your Data solely as necessary to provide the Platform in accordance with this Agreement. With respect to the Platform and any other electronic systems on which Your Data is stored, processed or transmitted, RNC will use industry standard or better administrative, technical and procedural safeguards to protect Your Data from loss, compromise or unauthorized access, including without limitation the use of strong encryption in transmission and at rest (database, whole disk, file/folder), and strong key management tools and procedures for safeguarding encryption keys.
- CHANGES: RNC may, at any time, with or without notice to you: (i) make changes that are necessary to comply with applicable safety, security or other statutory requirements or orders from any applicable governmental authority; (ii) supplement or make changes to its user documentation and to its rules of operations, access procedures, security and privacy procedures and policies; and (iii) change the components, type and location of the Platform.
- GENERAL PROVISIONS:
- This Agreement is the complete agreement between and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
- All questions concerning this agreement shall be directed to:
Raffle Nexus Canada Inc.
18234 54 Ave
Surrey, BC V1S 7Z1
- This Agreement shall be governed by, and construed and enforced in accordance with, the laws in force in the Province of British Columbia excluding any conflict of laws rule or principle which might refer such construction to the laws of another jurisdiction. The Parties hereto agree to submit to the exclusive jurisdiction of the courts of the Province of British Columbia and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
- In the event that any provision (or any portion of a provision) of this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision (or portion of a provision) had never been contained herein in regards to that particular jurisdiction.
- The waiver by either party of a breach or default of any provision of this Agreement by the other party shall not be effective unless in writing and shall not be construed as a waiver of any succeeding breach of the same or of any other provision. Nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege by such party constitute a waiver.