Terms of Service
1. Acknowledgement and Acceptance of Terms of Service:
The services offered at www.RightLabs.com (“RightLabs”), are provided to you under the terms and conditions of this RightLabs Terms of Service (“RTOS”), and any operating rules or policies that may be published by RightLabs at the URL: www.RightLabs.com (the “Service”). The RTOS comprises the entire agreement between you and RightLabs and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE SETUP PROCESS, OR USING RIGHTLABS, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use RightLabs as long as you adhere to these Terms of Service.
2. Services Void Where Prohibited:
Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. Setup and Response Page:
You are required to register with RightLabs if you want to send a RightLabs invitation for an event (see Private Event below), publish an event on RightLabs and view and edit your profile. In order to register with RightLabs you must supply a valid email address, which will be used as a unique identifier for your account, and a password.
B. Response Page
You are required to set up a Response Page with RightLabs if you want to publish an event (see Event below). In order to set up a Response Page, you will be required to supply a valid email address, a password, a first name a last name, your phone number and answer a few questions including but not limited to Organization name. You may also answer certain optional questions, which will help other users know a little more about you.
C. Image and Photograph Guidelines
When you set up an event, you can optionally post an image or a photograph that pertains to your event. We will accept photographs which show yourself plus another adult person (spouse, family member, etc.) and/or your children. Your face should be clearly visible in the photo. We will also accept a graphic containing a logo, provided that you are the copyright owner. Images and photographs may not contain images of children alone, cartoons, comics, celebrities, nudity, artwork, obscene or otherwise inappropriate images (as determined in RightLabs’ sole discretion). Photographs containing only animals are not appropriate, but you may supply a photograph of yourself together with your pet. For security and privacy reasons, you should not upload any photographs that contain contact information such as names, phone numbers, email addresses, or web site URLs. All photographs submitted to RightLabs are subject to review and, if deemed by RightLabs to violate this RTOS, to removal. Offensive content is not permitted in any form. By posting an image or photograph you warrant and represent that you own all right, title and interest to that photograph and to all images and likenesses contained in that photograph and you authorize RightLabs to distribute that photograph as part of the RightLabs Service. If you see any photographs on RightLabs that do not conform to this policy, please notify us by emailing us.
4. Description of Service:
RightLabs provides Users with a variety of online services, including but not limited to:
An event is a gathering or get-together hosted and attended by a group of people. If you want to send a RightLabs invitation to a private event, you must be registered with RightLabs (see SETUP above). In addition, if you have a Response Page (see above) your Response Page information will be viewable to all those who respond to your event.
B. Other Features
You may also various other tasks through the service. In order to use any feature of the Service not described above, you may be required to create a Response Page (see above).
5. Event Disclaimers and Limitation of Liability:
Your participation in any event is at your sole and exclusive risk. The host of any event may refuse admittance, may charge an admission fee, or ask you to leave an event at any time for any reason. By using RightLabs you agree and understand that in connection with your participation in any event or activity, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which may or may not be inherent in those activities and events. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (injuries and damages) from exposure to the hazards of public or private outings and activities. RightLabs has not tried to contradict or minimize your understanding of these risks. By using RightLabs, you agree and understand that injuries and damages can occur by natural causes or by the acts of other persons or third parties, either as a result of negligence or because of other reasons. You are personally responsible for all costs and/or risks associated with any public or private event or activity. Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, you agree to waive and discharge all claims, release RightLabs from all liability and indemnify and hold harmless RightLabs, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any events or activities. You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators and assigns, and includes any minors accompanying user at the events.
7. Copyright Policy/Infringing Material:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the RightLabs Service without your permission or in any way that constitutes copyright infringement, please provide RightLabs with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the RightLabs Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact RightLabs at the following address: Privacy, RightLabs Inc. #217-8008 104 Street, Edmonton SAB, T6E 4E2
8. No “Spamming”:
You must not use any feature of the RightLabs Service for chain letters, junk mail, or “Spamming” nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you (“Spam” or “Spamming”) is strictly prohibited by RightLabs. If you use any feature of the RightLabs Service for the purpose of sending Spam, RightLabs reserves the right to immediately terminate your access to the RightLabs Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the RightLabs Service for Spam, please notify RightLabs by emailing privacy@RightLabs.com by forwarding any email that appears to be Spam for RightLabs’ review, PLEASE NOTE that by posting an Event you are consenting to receive, and authorizing RightLabs to forward to you, emails from other users. Such messages are not included in the above definition of Spam.
You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your Response Page. You may also set up a new account at your convenience. You agree to notify RightLabs immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform RightLabs of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until RightLabs is notified by email of a breach in security, you will remain liable for any unauthorized use of the RightLabs Service through your account. In consideration for using the RightLabs Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or Response Page response is inaccurate, RightLabs reserves the right to terminate your account immediately and your right to use the RightLabs Service.
12. No Resale or Commercial Use, Abuse of the Service:
Your right to use the RightLabs Service is personal to you. You agree not to resell or make any commercial use of the RightLabs Service without the express consent of RightLabs. You may not create bots or other computer generated automatic tools to create events, nor abuse the RightLabs Service in any manner. Use that constitutes abuse shall be determined by RightLabs in its sole discretion. RightLabs reserves the right to terminate your account if RightLabs determines you have not complied with this RTOS.
13. User Conduct:
RightLabs reserves the right, but does not assume the responsibility, to monitor or review your conduct on the RightLabs Service. Your use of the RightLabs Service is subject to all applicable local, state, national and international laws and regulations.
In using the RightLabs Service you agree not to:
- Use the RightLabs Service for illegal purposes;
- Interfere or disrupt networks connected to the RightLabs Service or violate the regulations, policies or procedures of such networks;
- Use the RightLabs Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
- Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
- Transmit through the RightLabs Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
- Invade another’s privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the RightLabs Service;
- Transmit through the RightLabs Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- Interfere with another User’s use and enjoyment of the RightLabs Service;
- Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
- Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the RightLabs Service any directory of RightLabs’ users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this RTOS;
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
- Engage in any other conduct which, in RightLabs’ sole discretion, is considered inappropriate, unauthorized or objectionable.
You agree to indemnify and hold RightLabs, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the RightLabs Service, the violation of this RTOS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
You may terminate your participation in the RightLabs Service with or without cause at any time and effective immediately. RightLabs may terminate the RightLabs Service or your use of the Service with or without cause at any time and effective immediately, at RightLabs’ sole discretion, including but not limited to immediate termination of your use of the RightLabs Service should your conduct fail to conform to the terms and conditions of this RTOS. RightLabs shall not be liable to you or any third party for termination of the RightLabs Service or termination of your use of the RightLabs Service. Should you object to any terms and conditions of the RTOS or any subsequent modifications RightLabs makes to the RTOS or become dissatisfied with the RightLabs Service in any way, your only recourse is to immediately: (1) discontinue use of the RightLabs Service; and (2) notify RightLabs of your termination and, at your discretion, notify RightLabs of the reasons for your termination. Upon termination of your use of the RightLabs Service, your right to use the RightLabs Service shall cease immediately. You shall have no right and RightLabs will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20 and 21 shall survive termination of the RTOS.
16. Transactions with Organizations or Individuals:
RightLabs shall not be liable for your interactions with any organizations and/or individuals found on or through the RightLabs Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. RightLabs is under no obligation to become involved in disputes between participants on the RightLabs Service, or between participants on the RightLabs Service and any third party.
17. Links to Third Party Sites:
Any web sites that are accessible via links included within the RightLabs Service that take you out of the RightLabs Service are not under RightLabs’ control and RightLabs shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.
18. Violation of Terms by Other Users:
RightLabs asks that you participate in ensuring that all Users follow the terms of this RTOS by reporting any Private RightLabs invitations, Public Events or other postings or messages that violate these terms. To report a violation of this RTOS, please email us.
19. Disclaimer of Warranties:
You expressly agree that your use of the RightLabs service is at your sole risk. The RightLabs service is provided on an “as is” and “as available” basis. RightLabs expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. RightLabs makes no warranty that its service will meet your requirements, or that its service will be uninterrupted, timely, secure, or error free. RightLabs make no warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. You acknowledge that RightLabs does not control content, information, products or services offered by advertisers, third parties or other users on or through the service, including but not limited to information, products, or services provided by license to RightLabs from third parties or content provided by other users. RightLabs assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability, usefulness or decency of content or products distributed or made available by third parties (including but not limited to advertisers and users) through the RightLabs service. You will be solely responsible for any damage to your computer system or loss of data that results from your attempt to download any material from the RightLabs service. RightLabs makes no warranty regarding any goods or services purchased or obtained through its service or any transactions entered into through its service. No advice or information, whether oral or written, obtained by you from RightLabs or through the RightLabs service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, therefore some of the above exclusions may not apply to you.
20. Limitation of Liability:
RightLabs shall not be liable for any indirect, incidental, special or consequential damages, including but not limited to damages for loss of profits, use, data or other intangibles, even if RightLabs has been advised of the possibility of such damages, resulting from the (i) use or the inability to use the service; (ii) cost of procurement of substitute goods and services; (iii) any goods or services purchased or obtained or content received or transactions entered into with RightLabs or a third party through the use of the RightLabs service; (iv) or unauthorized access to your account or alteration of your account or data. You specifically agree that RightLabs is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the RightLabs service, or for any infringement or violation of your rights by any other party, including but not limited to intellectual property rights, rights of publicity, or rights of privacy. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to user.
21. General Provisions:
This RTOS shall be governed by and construed in accordance with the laws of the province of Alberta, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the province of Alberta, provided, however, that RightLabs, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this RTOS through binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Any such arbitration shall be conducted in Edmonton, Alberta, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the RTOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. RightLabs’ failure to exercise or enforce any right or provision of this RTOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RightLabs in writing. User and RightLabs agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this RTOS are solely used for the convenience of the parties and have no legal or contractual significance.
22. Modifications to the Service and to Terms of Service:
RightLabs reserves the right to modify or discontinue the RightLabs Service with or without notice to you. RightLabs shall not be liable to you if RightLabs modifies or discontinues its Service. RightLabs may change the terms and conditions of the RTOS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this RTOS, RightLabs may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new RTOS on the RightLabs Service. By using the RightLabs Service after any change in the RTOS you acknowledge and accept changes to the RTOS.