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ROGERS CATALYST DEVELOPER PROGRAMME AND PORTAL

TERMS OF USE

Version:1.0

Last Modified: [October 26, 2010]

 

Please read the following carefully.  The following are the terms of use (the “Terms of Use”) for the Rogers Catalyst Developer Programme and Rogers CatalystDeveloper Programme web site currently located at http://www.rogerscatalyst.com (which domain may change from time to time, and which includes your Rogers Catalyst Account, as defined below) (the “Portal”). 

 

  1. 1.                  GENERAL

 

1.1              The Terms of Use define the terms and conditions that you, and/or any person on your behalf, (“you” or “your”) agree to when You register with Rogers Communications Partnership (“Rogers, “we”, “us”, “our”) for a Rogers Catalyst Developer Programme account (“Rogers Catalyst Account”), use the Rogers Catalyst Developer Programme and/or access and/or use the Portal.  For the purposes of these Terms of Use, Rogers is deemed to include all of Rogers’ parents, subsidiaries, related companies and affiliates.

 

1.2              By registering for a ROGERS Catalyst account, using the Rogers Catalyst Developer Programme and/or accessing and/or using the Portal, You hereby agree to be bound by and to comply with the Terms of Use.  If You do not agree with all of the Terms of Use, then You may not register for a ROGERS Catalyst Account, use the Rogers Catalyst Developer Programme and/or access and/or use the Portal.

 

1.3              Rogers may, at its sole discretion, modify the present Terms of Use at any time, and any modifications made will be effective immediately upon posting of the modified Terms of Use on the Portal.  Accordingly, you should consult this document regularly to ensure that your activities conform to the most recent version of the Terms of Use.  Your continued access to and/or use of your Rogers Catalyst Account, the Rogers Catalyst Developer Programme and/or the Portal shall be deemed to be your conclusive acceptance of the modified Terms of Use.  ANY VIOLATION OF THE TERMS OF USE MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR RIGHT TO ACCESS AND/OR USE YOUR ROGERS CATALYST ACCOUNT, THE ROGERS CATALYST DEVELOPER PROGRAMME AND/OR THE PORTAL.

 

1.4              Rogers reserves the right to limit, replace, delete or otherwise change, at any time, the features, structure or any other aspects of your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content (as defined below) upon notice to you  If you do not accept any such change, your sole remedy is to terminate your access and/or use of your Rogers Catalyst Account, the Rogers Catalyst Developer Programme and/or the Portal within thirty (30) days of our notice of change, by providing us with advance notice of termination.  If you fail to provide us with any such notice we may restrict your access to and/or use of the Rogers Catalyst Developer Programme, the Portal and/or remove your Rogers Catalyst Account from the Rogers Catalyst Developer Programme or the Portal at any time after such thirty (30) day period.

 

  1. 2.                  COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

 

2.1              You acknowledge and agree that: (i) the Rogers Catalyst Developer Programme, (ii) the Portal, (iii) any software used in connection with the Rogers Catalyst Developer Programme and the Portal, including any tools (the "Software"), (iv) the application programme interfaces (the “APIs”), and (v) text, graphics, logos, icons, information, comments and other materials (including their collection, arrangement and assembly) ("Portal Content") (collectively, the “Rogers Catalyst Intellectual Property”) contain proprietary and confidential information and are the exclusive property of Rogers and its licensors. You acknowledge and agree that the Rogers Catalyst Intellectual Property is protected under copyright, trade-mark, service mark, patent or other intellectual property laws. and other laws of Canada and other nations.  Without limiting the generality of the foregoing, you do not acquire any ownership rights in the Rogers Catalyst Intellectual Property as a result of accessing it. Nothing contained in the Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on the Portal.

 

2.2              Except as otherwise provided for herein, or as expressly authorized by Rogers, you may not copy, modify, reproduce, display, distribute, create a derivative work of, adapt, translate, reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code, sell, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Rogers Catalyst Intellectual Property or use it for any public or commercial purpose. Except as otherwise provided for herein, or as expressly authorized by Rogers, you agree to use the Rogers Catalyst Intellectual Property solely for your own personal and non-commercial use and agree to mention the source and the author or performer or broadcaster, as applicable, of any of the Rogers Catalyst Intellectual Property. You further agree not to remove any copyright, trade-mark or other proprietary notices contained in or on any part of the Rogers Catalyst Intellectual Property, including the Rogers Catalyst Developer Programme forums.

 

2.3              Rogers grants you a limited personal, non-transferable and non-exclusive right and licence to use the Rogers Catalyst Developer Programme, the Portal, object code of the Software, the APIs and the Portal Content solely in accordance with the provisions of these Terms of Use.

 

2.4              You, and not Rogers, are entirely responsible for all Rogers Catalyst Intellectual Property that you extract or otherwise use via the Rogers Catalyst Developer Programme and the Portal. You understand and agree that you are entirely responsible for ensuring that your use of the Rogers Catalyst Intellectual Property is lawful and does not violate any copyright laws or other intellectual property laws, or the terms of use from where the Rogers Catalyst Intellectual Property originated.

 

2.5              In the event of any dispute between you and a third party in respect of any alleged intellectual property infringement arising from Your use of the Rogers Catalyst Intellectual Property (a “Dispute”), you hereby release and agree to indemnify and hold harmless Rogers, its directors, officers, shareholders, advisors, agents and employees (collectively, the “Rogers Parties”), from and against any and all claims, losses, judgments, damages, costs and expenses (including, without limitation, legal fees) (whether actual, consequential, undisclosed, disclosed or otherwise) arising out of or in any way connected with such Disputes.

 

  1. 3.                  USE OF THE ROGERS CATALYST DEVELOPER PROGRAMME, THE PORTAL, the software, the apis and the portal content

 

3.1              When using the Software and/or the APIs, you shall comply fully with any additional conditions displayed relating to the Software or the APIs as described in any documentation, technical or otherwise, relating thereto as set out in the Portal;

 

3.2              You represent and warrant that you will not use your Rogers Catalyst Account, the Rogers Catalyst Developer Programme the Portal (including any Rogers Catalyst forums or blogs), the Software, the APIs or the Portal Content:

(a)                for unlawful or fraudulent purposes, or in connection with a criminal offence or other unlawful activity;

(b)               to send, receive, upload, download, post, use or otherwise transmit any material that is illegal, harmful, offensive, abusive, malicious, threatening, racist, indecent, defamatory, libellous, derogatory, obscene, menacing, hateful, invasive of another’s privacy, or racially, ethnically or otherwise objectionable;

(c)                to harass, stalk, inconvenience, cause annoyance or needless anxiety to any person, impersonate any other person or act in a way which may reasonably be objectionable or is otherwise injurious to third parties, or to collect or store personal data about other users;

(d)               to harm minors in any way;

(e)                to send, receive, upload, download, post, use or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f)                 to send, receive, upload, download, post, use or otherwise transmit any content that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;

(g)                in any way that causes, or is likely to cause, the Rogers Catalyst Developer Programme or the Portal, or access to the Rogers Catalyst Developer Programme or the Portal to be interrupted, damaged or impaired in any way;

(h)                in any way which generates, or may generate, unacceptable amounts of data traffic on Rogers’ network and/or servers (as determined by Rogers in its sole discretion from time to time);

(i)                  in any way that infringes or may inhibit other users' use of the Rogers Catalyst Developer Programme or the Portal;

(j)                 to initiate the sending of and/or posting of unsolicited advertising or promotional material for commercial or non-commercial reasons;

(k)               to send or transmit anything which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;

(l)                  to send, receive, upload, download, post, use or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;

(m)              to interfere with or disrupt the Portal or the Rogers Catalyst Developer Programme or servers or networks connected to the Rogers Catalyst Developer Programme and the Portal, including attempting to interfere with the access of any other user, host or network;

(n)                in any way which may cause damage to the reputation of Rogers or any third party;

(o)               other than in accordance with the guidelines set out here; or

(p)               to intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Portal or the Rogers Catalyst Developer Programme, including, but not limited to, regulations promulgated by any Canadian securities regulators or any rules of any national or other securities exchange and any regulations having the force of law.

 

3.3              Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and use of the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs and the Portal Content.

 

3.4              With respect to any content (including forum posts) that you upload, post, transmit, distribute or otherwise make available for inclusion on the Portal (Your “Contributions”), you must be, or have first obtained permission from, the rightful owner of any such content that you post. You acknowledge and agree that any of your Contributions will be treated as non-confidential and non-proprietary.  By submitting your Contributions, you represent and warrant that: (i) you own such Contributions or otherwise have the right to grant, and do hereby grant, to Rogers the world-wide, royalty-free, non-exclusive, perpetual, irrevocable, fully sub-licensable and transferable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate, publicly perform and publicly display your Contributions, and to incorporate them into other works in any format or medium now known or later developed; and (ii) all moral rights in such Contributions are waived by you. We have the right, but not the obligation, to monitor or investigate any of your Contributions posted to the Portal.  We may also access or preserve your Contributions to comply with legal process in Canada or foreign jurisdictions, operate the Rogers Catalyst Developer Programme, ensure compliance with these Terms of Use or any policies, or protect ourselves, our customers or the public. We may, without notice or liability to you or any third party, move, remove, edit, delete or refuse to post any of your Contributions, in whole or in part, that we decide in our sole discretion is unacceptable, undesirable or in violation of any law, these Terms of Use or our Acceptable Use Policy.

 

3.5              If we believe that unauthorised or improper use is being made of your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content we may, without notice, take such action as we deem appropriate, including but not limited to suspending or cancelling your Rogers Catalyst Account.

 

3.6              In addition to our other rights under these Terms of Use, we may suspend or restrict access to the whole or any part of your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content for operational reasons such as repairs, maintenance, updating or upgrading the Portal Content or functionality of any part the Portal or the introduction of new facilities or services at any time.

 

  1. 4.                  YOUR REGISTRATION OBLIGATIONS

 

4.1              You must be at least thirteen years old to access and use the Rogers Catalyst Developer Programme and the Portal.  Your use of the Rogers Catalyst Developer Programme is a representation to Rogers that you are at least thirteen years of age. You acknowledge that if you are under the age of majority in your province or territory of residence, you may be required to have a parent or legal guardian sign additional documentation regarding your participation in the Rogers Catalyst Developer Programme on your behalf.

 

  1. 5.                  PRIVACY

 

5.1              Rogers respects the privacy of our visitors and users of the Rogers Catalyst Developer Programme and the Portal. Our collection, use and disclosure of personal information in connection with the Rogers Catalyst Developer Programme and the Portal are governed by our Privacy Policy, located at http://www.rogerscatalyst.com/privacy. Personal information collected in connection with the Rogers Catalyst Developer Programme and the Portal may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.

 

  1. 6.                  LINKS

 

6.1              The Portal will provide, or third parties will provide, links to other World Wide Web sites or resources.  These links are provided solely as a convenience to you, and do not imply endorsement by Rogers of or any affiliation with or endorsement by the owner of the linked site.  As Rogers has no control over such sites and resources, you acknowledge and agree that Rogers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.  You further acknowledge and agree that Rogers 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 site or resource.

 

  1. 7.                  DISCLAIMER OF WARRANTIES

 

7.1              You expressly understand and you expressly agree that:

(a)                Everything on the Portal, including the your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Software, the APIs and the Portal Content, are provided to you “as is” and “as available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement.

(b)               For greater clarity, Rogers makes no representations, warranties or conditions regarding your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content and specifically disclaims any warranty and condition as to the truthfulness, completeness, suitability, reliability, timeliness or accuracy of such for any purpose.

(c)                Further, Rogers makes no representations, warranties or conditions that (i) your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content will meet your requirements; (ii)  access to and use of your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content will be accurate or reliable; (iv) the quality of any content obtained by you through the Rogers Catalyst Developer Programme or the Portal will meet your expectations; (v) your use of your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content, will not violate copyright laws in other jurisdictions or the rights of third parties; and (vi) any errors in the Software or any API will be corrected.

(d)               Rogers does not guarantee the accuracy, integrity or quality of the Portal Content.  You understand that by using your Rogers Catalyst Account, the Rogers Catalyst Developer Programme and the Portal, you may be exposed to Portal Content that is offensive, indecent or objectionable.  Under no circumstances will Rogers be liable in any way for any Portal Content, including, but not limited to, any errors or omissions in any Portal Content, or for any loss or damage of any kind incurred as a result of the use of any Portal Content downloaded, e-mailed or otherwise transmitted to or accessed by you via your Rogers Catalyst Account, the Rogers Catalyst Developer Programme and/or the Portal.

(e)                Any content downloaded, extracted or otherwise obtained through the use of the Rogers Catalyst Developer Programme or the Portal is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(f)                 No advice or information, whether oral or written, obtained by you from Rogers or through your Rogers Catalyst Account, the Rogers Catalyst Developer Programme or the Portal shall create any warranty or condition not expressly made herein.

 

  1. 8.                  LIMITATION OF LIABILITY

 

8.1              To the maximum extent permitted by applicable law, under no circumstances, including without limitation, negligence, gross negligence, negligent misrepresentation and fundamental breach, shall the Rogers Parties be liable to you or any third party for any direct, indirect, incidental, special, consequential, economic or punitive damages (including but not limited to loss of profit or revenue, financial loss, loss of goodwill, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security, property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) or any loss that results from (i) the use of, or the inability to use your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or any Portal Content (including, without limitation, your Contributions), directly or indirectly; (ii) any third party claims that the use by you of the Rogers Catalyst Intellectual Property violates any intellectual property right;  or (iii) the transmission of confidential or sensitive information over the Internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that none of the Rogers Parties shall be liable for any defamatory, offensive or illegal conduct of any Portal user, including you or any other third party.

8.2              Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.  You agree that the aggregate liability of the Rogers Parties to you for any and all claims under contract, warranty, negligence, strict liability, or other theory arising from these Terms of Use or from the use of your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs and/or the Portal Content is limited to $CDN50.

 

8.3              You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs, the Portal Content and/or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

  1. 9.                  INDEMNITY

 

9.1              You agree to indemnify and hold harmless the Rogers Parties from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, legal fees) (whether actual, consequential, undisclosed, disclosed or otherwise), incurred by any of the foregoing parties due to or resulting from (i) your use or misuse of your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content; (ii) your violation of these Terms of Use; or (iii) your breach of any warranty herein. Rogers may, in its sole discretion and at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.

 

  1. 10.              APPLICABLE LAW

 

10.1          These Terms of Use and any action related thereto or related to the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws applicable therein without giving effect to any principles of conflicts of laws.  The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement.  You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.

 

  1. 11.              MISCELLANEOUS

 

11.1          Entire Agreement. These Terms of Use constitute the entire agreement between you and Rogers relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Portal. Sections 2.1, 2.2, 2.5, 3, 7-10, 11.1 and 11.2 shall survive any termination of these Terms of Use or your right to use your Rogers Catalyst Account, the Rogers Catalyst Developer Programme, the Portal, the Software, the APIs or the Portal Content.

 

11.2          No Agency; Third-Party Beneficiary. Rogers is not your agent, fiduciary, trustee or other representative.  Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use.  These Terms of Use and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Rogers, you, and relying third party providers.

 

11.3          Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations under these Terms of Service without Rogers’ prior written consent.

 

11.4          Severability. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

 

11.5          No Waiver. Rogers will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Rogers.  No delay or omission by Rogers in exercising its rights or remedies will impair such rights or remedies or be construed as a waiver.  Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.  Rogers’ failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of Rogers’ right to subsequently enforce such provision or any other provisions of these Terms of Use.

 

11.6          Contact. To contact Rogers in connection with these Terms of Use or the Rogers Catalyst Development Programme, please use the forms located at http://rogerscatalyst.com/contact/.

 

11.7          Headings and Language. The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect. These Terms of Use have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.

 


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