Thank you for using our website and the Services (as defined below) associated therewith (collectively, the “Website”). When we use the term Website we mean that to include the Services as well, even though we may specifically refer to the Services separately from time-to-time.
The Website is provided by or on behalf of Reshift Media Inc. (“Reshift”, “we”, “us”), located at 49 Spadina Ave., Suite 400 Toronto, ON Canada M5V 2J1. By using our Website, you are agreeing to these terms. Please read them carefully.
Our Website may change from time-to-time, so additional terms or product requirements (including age requirements) may apply to specific elements, features, products or services offered on our Website (collectively, “Services”). Additional terms will be available with the applicable Services, and those additional terms become part of your agreement with us if you use those specific Services.
You must follow any policies made available to you within the Services provided on our Website.
Don’t misuse our Website. For example, don’t interfere with our Website or try to access it using a method other than the interface and the instructions that we provide. You may use our Website only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Website and/or Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Website does not give you ownership of any intellectual property rights in our Services or the content you access on our Website. You may not use content from our Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used on our Website or in any Services offered therein. Don’t remove, obscure, or alter any legal notices displayed in or along with our Website.
Our Website may display content that does not belong to Reshift Media Inc.. This content is the sole responsibility of the person or entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Website or any Services offered therein, we may send you service announcements, administrative messages, and other information.
You may need an account (“Account”) in order to use some of our Services or access parts of our Website. You may create your own Account, or your Account may be assigned to you by an administrator, such as your employer. If you are using an assigned Account, different or additional terms may apply and your administrator may be able to access or disable your account.
If you learn of any unauthorized use of your password or Account you should take steps to delete or change your account or notify us by email to email@example.com or by regular mail to the address provided at the top of these terms and conditions.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers, but we are not a court of law and we do not adjudicate ownership disputes. If you think somebody is violating your copyrights and want to notify us, you can do so care of firstname.lastname@example.org or by regular mail at the address set forth at the top of these terms and conditions.
Some of our Services or certain parts of our Website may allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Website, you give us (and those we work with) a royalty-free worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Website), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Website, and to develop new services associated with our Website. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there may be terms or settings that narrow or broaden the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to any of our specific Services.
When a Service or part of our Website requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of the specific Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Some software used in our Services and/or Website may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
We are constantly changing and improving our Website. We may add or remove functionalities or features, and we may add, amend, change, suspend or stop a Service altogether.
You can stop using any of our Services at any time. We may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
We provide our Website using a commercially reasonable level of skill for a company of our size and structure. Accordingly, there are certain things that we don’t and can’t promise about our Website and/or Services.
Other than as expressly set out in these terms or additional terms, neither Reshift nor its suppliers or vendors make any specific promises about the Website or any of the Services. For example, we don’t make any commitments about the content, the specific functions or functionality, or their reliability, availability, or ability to meet your needs. We provide the Website and each and every of the Services on an “as is” basis.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties.
Subject only to applicable laws Reshift, and Reshift’s suppliers and vendors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. You agree, to the extent permitted by applicable laws, that your use of our Website and/or Services is conditioned on your agreeing that you will not make any claim against us (or our suppliers and vendors) for lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Reshift, and its suppliers and vendors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Website and/or all or some of the Services or $1,000 CDN, whichever is greater. You agree, to the extent permitted by applicable laws, that your use of our Website and/or Services is conditioned upon your agreeing that your total claim against Reshift, and its suppliers and vendors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Website and/or all or some of the Services or $1,000 CDN, whichever is greater.
We recognize that in some countries, you might have different legal rights as a consumer. If you are using the Website and/or some or all of the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which are not capable of being waived by contract.
If you are using our Website and/or Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Reshift and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Website and/or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
We may modify these terms or any additional terms that apply to a particular Service to, for example, reflect changes to the law or changes to our Website. You should look at the terms regularly. We’ll post notice of modifications to these terms on our Website. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective on the date noted on the posting on our Website. If no effective date is provided then the changes become effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between us and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply Ontario law to some types of disputes. If you reside in one of those countries, then where Ontario law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of Ontario, Canada, excluding choice of law rules, will apply to any disputes arising out of or relating to these terms or the Website. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Ontario, Canada, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the Website will be litigated exclusively in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, and you and Reshift consent to personal jurisdiction in those courts.