BlackBerry Incentives Terms of Use
1. ACCEPTANCE OF TERMS
The following are terms of a legal agreement between you and Research In Motion Limited on its behalf and on behalf of its subsidiaries and/or affiliates (collectively, "RIM"). By accessing, browsing and/or using this site, you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in, or referenced by, these Terms of Use. You further agree to be governed by any additional terms and conditions that may apply to you arising out of your accessing, browsing and/or using of this site, whether contained on this site or in a separate agreement with RIM. In the event of any conflict between these Terms of Use and such additional terms and conditions, such additional terms and conditions shall govern to the extent of the conflict. RIM reserves the right, in its discretion, to update or revise these Terms of Use and to post such updated or revised Terms of Use on this site. If you do not agree to these Terms of Use, please do not use this site. Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
2. PRIVACY
From time to time, you may be requested to provide RIM with personal information. Such personal information is subject to RIM's Privacy Policy. View the RIM Privacy Policy.
3. THIRD PARTY INFORMATION AND LINKS
This site may contain links to third party Web sites ("Linked Sites"), and may incorporate information obtained from third parties ("Third Party Information"). The Linked Sites and Third Party Information are not under the control of RIM, and RIM is not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Linked Sites. RIM is not responsible for any form of transmission received from any Linked Site nor is RIM responsible if the Linked Site is not working appropriately or causes any damage to your property. RIM provides such links and information to you only as a convenience, and the inclusion of any link or Third Party Information does not imply endorsement by RIM of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted on the Linked Sites.
Any dealings with third parties conducted through the site or Linked Sites, including the sharing or disclosure of any information or data, delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. RIM shall not be responsible or liable for any part of any such dealings.
4. YOUR USE OBLIGATIONS
In consideration of your use of any services provided on the site, you agree to: (a) provide true, accurate, current and complete information about yourself where prompted by the site (such information being the "Personal Data"), and (b) maintain and promptly update the Personal Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if RIM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RIM reserves the right to suspend or terminate your use of the site and/or any services provided to you by RIM and RIM may refuse any and all current or future use of the site and/or RIM services (or any portion thereof).
You are responsible for all activities undertaken by you using any service provided by RIM, including, without limitation, access to materials on the Internet (whether at a password protected site or not) and use of email. All such activities are at your own risk. You shall not use, nor permit others to use, this site or any RIM services provided through this site in a manner or for a purpose contrary to these Terms of Use. In the event that you access other networks or computing resources, you agree to abide by their respective usage policies. You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the site, solicit another user's password, or otherwise act in a way that interferes with other users' use of the site. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts or expropriates any system, data or personal information.
5. PROHIBITED USES
You may not use this site and/or RIM services in any manner which could damage, disable, overburden or impair this site and/or any RIM services (or the network(s) connected to such site or services) or interfere with any other party's use and enjoyment of this site and/or RIM services. You may not attempt to gain unauthorized access to this site and/or any RIM service, other accounts, computer systems or networks connected to this site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this site.
You agree to use the site only to post, send and receive information, messages and material that are proper and approved by your employer.
6. RIM RIGHTS AND OBLIGATIONS
RIM reserves the right to review any and all materials posted to or sent through the site and to remove any materials in its sole discretion. RIM further reserves the right to terminate your access to any or all of this site at any time, without notice, for any reason whatsoever.
RIM reserves the right at all times to disclose any information as RIM deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RIM's sole discretion.
7. PERSONAL AND NON-COMMERCIAL USE
This site is made available to you as an employee or sales representative of a retail or enterprise partner of RIM and is not open to the general public. Unless otherwise specified, the services provided on this site are for your personal and non-commercial use. You may not modify, copy, distribute, transmit or otherwise make publicly available, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this site.
You acknowledge that this site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by RIM or by licensors of RIM. You agree and acknowledge that, notwithstanding that RIM permits access to the Content, the Content is protected by copyrights, trademarks and other proprietary (including intellectual property) rights (collectively "Rights"), that these Rights are valid and protected in all media now existing or later developed and that, except as specifically provided in these Terms of Use, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.
In addition to RIM's, and its licensors', Rights in individual elements of the Content, RIM owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another Web site, or in any other way exploit any of the Content, in whole or in part. Any software that is made available to download from this site is the copyrighted work of RIM and/or its licensors. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with the software.
8. INTERNATIONAL USE
As this site may be accessed globally, if you choose to access this site from locations other than the United States, Canada or the United Kingdom, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, RIM makes no representation that materials on this site are appropriate or available for use in locations outside the United States, Canada or the United Kingdom, as applicable, and accessing them from territories where their contents are illegal is prohibited.
9. DOWNLOADS
All content and software (if any) that is made available to view and/or download in connection with this site ("Software"), is owned by and is the copyrighted work of RIM and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the software license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
In the event that any Software is not accompanied by a license agreement, it shall be governed by the terms of RIM's Software License Agreement, which is included with RIM's BlackBerry Solution. You further agree that you will not download any Content or Software without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any Content or Software where such downloading is prohibited by local laws.
10. PURCHASES
By making any purchase from RIM through this site, you agree to abide and be bound by the terms and conditions of RIM's BlackBerry End-User Agreement or RIM's Terms and Conditions of Purchase, as applicable, along with any other terms and conditions that you agree to in the course of making your purchase. You further agree that you will not make any purchase from this site without complying with all applicable laws and regulations, and you warrant that you will not make any purchases through this site where such purchase is prohibited by local laws. You acknowledge that all purchases made by you through this site are for your personal use only, and are not for resale or export.
In the event that you require a cancellation of your purchase contract made through this site, you must provide RIM with a written notice of such cancellation within: (a) thirty (30) days of entering into your purchase contract, or (b) five (5) days of receipt of the goods or services purchased through this site, whichever first occurs.
11. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS SITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. RIM HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS SITE; HOWEVER, RIM ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL RIM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12. LIMITATION OF LIABILITY
YOU SPECIFICALLY AGREE THAT RIM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. YOU SPECIFICALLY AGREE THAT RIM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL RIM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
13. INDEMNIFICATION
You agree to defend, indemnify and hold harmless RIM and its employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of this site, including without limitation your connection to this site and/or RIM services, your non-compliance with these Terms of Use, or your violation of any third-party rights. RIM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with RIM in asserting any available defenses.
14. CONTENT SUBMITTED TO RIM BY YOU
In the event that you submit personal information to RIM in confidence through this site, you consent to the collection, processing, transmission and disclosure of such information by RIM or a third party authorized by RIM for the purposes of RIM internal use and specifically the purposes set out on the web page requesting such information or in RIM's Privacy Policy. RIM will make commercially reasonable efforts to keep such personal information confidential, and shall not disclose such personal information to any third party except: (a) in confidence and to facilitate the provision of products and services to you, (b) to the extent required by law, or (c) in accordance with RIM's Privacy Policy.
15. INTELLECTUAL PROPERTY RIGHTS
Neither you nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secret rights, relating to the contents of this site, including without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with RIM. Any grants not expressly granted herein are reserved.
16. MODIFICATIONS TO SERVICES PROVIDED
RIM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site or any service any services (including email services) provided through this site (or any part thereof) with or without notice, or in accordance with the terms of your separate written agreement with RIM. You agree that RIM shall not be liable to you or to any third party for any modification, suspension or discontinuance of this site or any such services.
17. VIOLATION OF TERMS OF USE AND TERMINATION
Where feasible (in RIM's sole discretion), RIM will advise you of any inappropriate behaviour on your part and any necessary corrective action. However, if this site or any RIM services are used in a way in which RIM, in its sole discretion, deems to violate these Terms of Use, RIM or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Communication Services (including email services). RIM shall not be liable in any way for any such responsive actions. The above-described actions are not RIM's exclusive remedies and RIM may take any other legal, equitable or technical action it deems appropriate. RIM reserves the right to investigate suspected violations of these Terms of Use. You hereby authorize RIM to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these Terms of Use. Such cooperation may include RIM providing the username, IP address or other identifying information about you. Upon termination of any account you may have with RIM, you authorize RIM to delete any files, programs, data and email messages associated with such account. Notwithstanding the foregoing, RIM reserves the right, in its sole discretion, to terminate your access to this site and RIM services or any portion thereof, for any reason without notice.
18. NOTICE
All demands, notices, communications and reports required under these Terms of Use, including any notice of infringement of your copyright, shall be in writing and shall be either sent by facsimile transmission with confirmation to the number specified below or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to RIM at the address specified below: Research In Motion Limited
295 Phillip Street
Waterloo, Ontario
N2L 3W8
Canada
Telephone No.: 519-888-7465
Fax No.: 519-888-1975
Attention: Lead Corporate Counsel
19. FORCE MAJEURE
You agree that RIM shall have no liability whatsoever for any suspension, delay or interruption in the delivery or access to the site or Communication Services, or for any loss or damage therefrom, which are due to causes beyond RIM’s reasonable control, including, but not limited to, strikes, riots, insurrections, fires, floods, storms, earthquakes, acts of Gods, war, governmental action, labour conditions, Internet operability or other causes, which prevent RIM from making available the site or any Communication Services or any part thereof.
20. GENERAL PROVISIONS
These Terms of Use are governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms of Use or to any contracts relating to goods or services obtained through this site. No joint venture, partnership, employment or agency relationship exists between you and RIM as a result of this agreement or use of this site and/or RIM services. RIM's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RIM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this site, RIM services or information provided to or gathered by RIM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and RIM with respect to this site and RIM services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RIM with respect to this site and RIM services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
While every effort has been made to ensure technical accuracy, information on this site is subject to change without notice.
BY USING THIS SITE, YOU AGREE TO ACCEPT AND COMPLY WITH THESE TERMS OF USE AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU ARE UNWILLING TO AGREE TO THESE TERMS OF USEDO NOT USE THIS SITE.
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