Who we are
Our website address is: https://caruzin.com, raczer.com and raczerbiz.com
A- General Policies
C- Cookies Policy
D- Age Restrictions Policy
E- Member Event Posting Policy
F -Prohibited Content and Services Policy
G –Business Advertising Terms and Conditions
A- General Policies
By accessing Raczer you are agreeing to the following terms, which are designed to make sure that Raczer works for everyone. This policy is effective April 1, 2016.
Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.
Using caruzin.com, raczer.com and raczerbiz.com Advertising Services. You will post in the appropriate category or area and will not do any of the following bad things:
- violate any laws or our prohibited content and services policy
- be false or misleading;
- infringe any third-party right;
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Raczer or the interests or property of Raczer users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the Raczer;
- copy, modify, or distribute any other person's content;
- use any robot, spider, scraper or other automated means to access Raczer and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- bypass measures used to prevent or restrict access to Raczer
Abuse of Raczer Services. Please email us at email@example.com to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off Raczer if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Raczer or not, we do not accept any liability for monitoring Raczer or for unauthorized or unlawful content on Raczer or use of Raczer by users.
Global Marketplace. Some of Raczer’s features may display your ad on other sites that are part of the global Raczer community. By using Raczer Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.
Fees and Services. Using Raczer Advertising Services is generally on a pay per day basis. We may charge additional fees for larger advertising services. Using raczer.com is generally free. We may charge additional fees for VIP services. You will be able to review and accept the services you are charged on either raczer.com or raczerbiz.com. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 90 days past due, we may deduct the amount owed from your PayPal account balance).
Content. Raczer Services contains stuff from us, you, and other users. You agree not to copy, modify, or distribute Raczer Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify us at firstname.lastname@example.org and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO). Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. The following steps are for reporting a listing to Raczer that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items to email@example.com. If you have a good faith belief that a listing on any of the Raczer Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is contact firstname.lastname@example.org and explain the infringement in detail. After we receive your email Raczer will confirm your email is received. We reserve the right to share, in accordance with applicable law, the email and concerns with legal counsel.
Disclaimers and Limitations of Liability. The Raczer Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the advertising and events on the Raczer websites comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Raczer, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 6 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.
Indemnification. You will indemnify and hold harmless Getout4sport Inc and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Raczer Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
General. These terms and the other policies posted on Raczer Services constitute the entire agreement between Getout4sport Inc and you, superseding any prior agreements. This agreement is governed by the laws of Alberta, Canada. We both submit to the non-exclusive jurisdiction of the courts of Alberta, Canada. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by email to email@example.com
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to firstname.lastname@example.org
Mobile Devices Terms
Application Use. Raczer grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.raczerbiz.com and www.raczer.com website. You download and use of the Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.
Intellectual Property – Applications. Raczer owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Raczer copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Raczer Application.
Prohibited Countries Policy and Foreign Trade Regulation - Applications. Raczer Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using a Raczer Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).
Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
iOS – Apple
- Getout4sport Inc grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
- Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation
- In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
Windows - Microsoft
- You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
- Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
- Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
- To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.
Last Update: June 15, 2016
Table of contents
- What personal information do we collect
- How we use your personal information
- Marketing Purposes
- Access to, review and rectification of your personal information
- Protection and retention of your personal information
- Other Information
2. What personal information do we collect
When you decide to enter and provide us with your personal or business information on the website , you agree that such information is sent to and stored on our servers. We collect the following types of personal information:
Information we collect automatically: When you visit our Website, use our Services and or reply to ads or other content, we automatically collect the information sent to us by your computer, mobile device or other equipment that provides access. This information includes, but is not limited to:
- information from your interaction with our Website and Services, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from www.raczer.com, referring URL, ad data, IP address and standard web log information; and
- information we collect through cookies, web beacons and similar technologies.
Information you provide to us: We collect and store any information you enter on our Website or that you provide to us when you use our Services. This information includes, but is not limited to:
- information that you provide to us when you register for an account or for the Services that you use;
- additional information that you may provide to us through social media sites or third party Services;
- information provided in the context of dispute resolution, correspondence through our Website or correspondence that is sent to us;
- information about your location and the location of your device, including your device’s unique identifier information if you have enabled this service on your mobile device, and
- your resume if you choose to submit it to us for consideration through our program pages
Information from other sources: We may receive or collect additional information about you from third parties and add this to our account information. This information includes, but is not limited to: demographic data, navigation data, additional contact data and additional data about you from other sources, such as public authorities, to the extent permitted by law.
3. How we use your personal information
You agree that we may use your personal information for the following purposes:
- to provide you access to our Services and Customer Support by means of e-mail or telephone;
- to personalize, measure and improve our Services, content and ads;
- to provide you with other services that you have requested, as described when we collected the information, and
- to consider you as a potential candidate if you choose to upload your resume through our careers page.
Sharing information with and registration on social media sites: We may offer sign-on Services that enable you to access the Website or related websites with your login credentials. We can also offer Services that enable you to share information with third party social media websites, such as Facebook, Google Plus and Twitter.
- service providers with whom we have entered into an agreement to help us provide our Services on the website, such as financial service providers, marketing agencies and technical support.
- to comply with legal obligations or a court order; or
- f this is necessary for the prevention, detection or prosecution of criminal offenses, such as fraud, deceit or prosecution, or
- if it is necessary to maintain our policies or to protect the rights and freedoms of others.
- other third parties to whom you have given consent to share your information via Raczer e.g. in the framework of a cooperation;
- companies that we intend to merge with in the context of a re-organization or that acquire us;
- an intellectual property owner if the owner of an intellectual property right or an intermediary in good faith believes that an advertisement violates the rights of the owner. Before personal information is provided, the IP owner will enter into an agreement that, inter alia, stipulates that information is only provided on the strict condition that it may only be used in the context of legal proceedings and/or obtaining legal advice and/or to answer questions from the relevant advertiser
Without limitation to the foregoing, we shall moreover - in our efforts to respect your privacy and to keep the website free of malicious persons or parties – not disclose your personal information to third parties without a court order or formal request from the government in accordance with applicable law, unless we believe in good faith that such disclosure is necessary to prevent impending injury or financial damages or to report alleged illegal activities.
Information you share on raczer.com: Our Website allows users to share advertisements and other information with other users, thereby making this shared information accessible to other users. Since our Website also enables you to directly contact an adverstiser via URL or link, we recommend that you consider how you share your personal information with others. You are solely responsible for the personal information you share through our Website and therefore we cannot guarantee the privacy or security of the information shared by you with other users.
In case you visit our Website from a shared computer or a computer in an internet café, we strongly recommend that you log off after each session. If you do not want the shared computer to remember you and/or your credentials, you will need to remove cookies and/or the history of your website visits.
4. Marketing Purposes
You agree that we may use the information collected by us to send you offers, whether personalized or not, or to contact you by telephone regarding products or Services offered by Raczer or companies of Getout4sport Inc.
We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our Services and functionalities.
When you no longer wish to receive marketing communications from us, you can, where applicable, change your preferences in your Raczer account, or follow the unsubscribe link in the marketing communication you received.
If you do not wish to receive advertising content, you can opt-out by purchasing a VIP membership. The effect of an opt-out will be to stop personalized advertising, but it will still allow the collection of information for certain purposes such as usage, research, analytics and internal online services operation purposes). In addition to that, we do not allow third parties to track or collect your personal information on our sites for their own advertising purposes without your explicit consent.
7. Accessing, Reviewing and Changing Your Personal Information
We cannot modify your personal information or account information. You can modify your own information by logging into your Raczer account. When you place a classified ad or event on raczer.com, you may not be able to change your listing or delete your message. If you want to close your account (where applicable) with us, please send us a request to us at email@example.com. We will process your request within a reasonable period of time and process your personal information in accordance with applicable law.
8. Protection and retention of your personal information
We protect your information by using technical and administrative security measures (such as firewalls, data encryption, and physical and administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorized access, disclosure, and alteration. Nevertheless, if you believe your account has been abused, please contact us at firstname.lastname@example.org
We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes as described above.
9. Other information
Abuse and unsolicited commercial communications ("spam"): We do not tolerate abuse of our Website. You do not have permission to add other Raczer users to your mailing list (e-mail or postal) for commercial purposes, even if a user has purchased something from you, unless the user has given his explicit consent. If you notice that someone is abusing our Website (spam or spoof emails), please notify us at email@example.com
Contact: If you have any questions about Getout4sport Inc and our Website please contact us at firstname.lastname@example.org.
Last Update: June 15, 2016
C- Cookies Policy
Cookies are small files that are placed on your browser or device by the website or app you’re using or ad you’re viewing. Pixel tags (also called clear GIFs, web beacons, or pixels) are small blocks of code on a webpage or app that allow them to do things like read and place cookies and transmit information to us or our partners.
The resulting cookie information can include information such as a device’s IP address, the time a person viewed the pixel, an identifier associated with the browser or device and the type of browser being used. Local storage is an industry-standard technology that allows a website or app to store and retrieve data on a person’s computer, mobile phone or other device to better serve the user or customer group better. Some examples include device or HTML5 local storage and caching.
When you visit or interact with Getout4sport Inc sites, services, applications, tools or messaging, we or our authorized service providers may use these cookies, web beacons, and other similar technologies for storing information to help provide you with a better, faster, and safer experience and for advertising purposes.
Where possible, security measures are set in place to prevent unauthorized access to our cookies and similar technologies. A unique identifier ensures that only we and/or our authorized service providers have access to cookie data.
Service providers are companies that help us with various aspects of our business, such as site operations, services, applications, advertisements and tools. We use some authorized service providers such as DFP.
We also use tools like cookies to help keep Getout4sport Services safe, secure and easy to use. Cookies support or enable security features. For example, with login approvals if someone logs into your account from a browser you’ve never used before, we may block them and ask for more information. They also help us implement login notifications, so you can be alerted when your account is accessed under suspicious circumstances and disable any active Getout4sport sessions.
We also use these tools to make our Services easier to use, like when you mistype one character of your username or password. For example, if you’ve already logged into Geout4sport from the same browser, we’ll give you easier options to correct your typo since we know you’ve successfully logged into Getout4sport before.
Generally, cookie based technologies allow our sites, services, applications, and tools to store relevant information in your browser or device and later read that information in order to identify you to our servers or internal systems. Where applicable, we protect our cookies and other similar technologies to help ensure that only we and/or our authorized service providers can interpret them by assigning them a unique identifier that is designed for interpretation only by us. We do not store any of your personal information on any of our cookies or other similar technologies.
Any personal information that we collect and store through use of these technologies is first obtained through notice and consent: We obtain your consent by providing you with transparent notice of use of the technologies and providing you with the opportunity to make a choice to disable these technologies as set forth above.
Getout4sport uses of such technologies fall into the following general categories:
- Day to Day Operations
- Improved Performance
- Advertising or Affiliates
We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that have been delivered to you, such as whether you have clicked on an advertisement.
We offer you the ability to opt-out of our use of first-party advertising-related cookies through our VIP ad blocking upgrade. Opting out of our first-party advertising-related cookies, or out of third-party advertising-related cookies means that you will not see our advertising - or that this advertising will not be targeted to you through the use of first-party or third-party cookies, web beacons or related technologies on our website.
Ad networks and exchanges operated by authorized third parties:
Last Update: June 15, 2016
D- Age Restrictions Policy
Getout4sport was formed to ensure your entire family gets out and active. At Raczer we care about the safety of your entire family. We understand that in the age of technology, kids are on the internet more than ever. At Getout4sport our events and postings are aimed at getting out and active and can be a fun way for them to get out and get active.
While we pride ourselves on being a site that the whole family can use, we also know the concerns involved with participating in events posted online.
We want to minimize these risks. Therefore, for anyone under 14 years of age, we ask that you have your parent/guardian respond to any event notifications or ads you may be interested in. Also we require the users name and age prior to signing up as a member of Getout4sport. Also, if you wish to post or attend an event on the Getout4sport network have your parent/guardian aware and consent to doing so, so they can be directly aware and involved.
At Getout4sport we reserve the right to remove any ad if we feel it is in the best interest and for the safety of our users.
Last Update: June 15, 2016
E- Member Event Posting Policy
Member event posting are not meant to offer any business or personal services. Operating businesses must pay for banner based ads and follow Getout4sport policies
The following activities are prohibited from raczer.com :
- Personal events such as relationship dating and casual encounters
- Posting an event if you are not located in in the region of posting.
- Posting an event that is illegal in your area of residence.
- Posting an item for sale or an event that is in the prohibited content and services policy
- Posting events using multiple different email addresses.
- Posting a multi-level marketing or other prohibited job.
- Posting an ad containing a list of keywords not directly related to the item being sold.
- Posting an ad or event in languages other than English, French or Spanish.
- Posting an ad or event that contains adult, mature or erotic content. Personals are not allowed.
- Posting an ad or event that defames anyone or contains "hate speech".
- Posting opinions, notices, and discussion topics which should instead be posted on social media sites.
- Posting an ad or event in an incorrect or misleading category or with misleading information.
Member or user events are meant for individual event postings.
- Do not post duplicate events in one or multiple event/sport categories as they are a source of frustration for our user community. If you’re unsure of which category to use, try searching to find out where others have put similar events. If you post the same event in multiple categories, they may be removed from raczer.com
- When posting your event, post it within your region for maximum exposure. It is ok to post in more than one city, for instance, if you reside in between two cities.
Remember, people that are willing to travel will search other specific events using the distance search feature to find your ad. So posting one single ad will be, in most cases, as effective as posting in more than one city in your region
- We reserve the right to remove ads that hinder the user experience.
- If you are interested in advertising in multiple cities using banners contact us directly at email@example.com.
Users must be at least 14 to post an event at it is advised that a parent, guardian or family member be aware of the posting. Ads for our younger users must be posted by an adult for security reasons.
- Any ads that do not comply with Getout4sport policies will be removed from the site. Additionally, users who violate such policies will be blocked from using Getout4sport in the future.
You are responsible for ensuring compliance with all applicable laws relating to the event you create.
Last Update: JUne 15, 2016
F -Prohibited Content and Services Policy
The list below details what can't be posted on Getout4sport website as photos, events or paid advertisements. Member event posting are not meant to offer any business or personal services. Legal businesses must pay for banner based ads and follow Getout4sport policies.
- Including pornography, nude photos, videos, articles or erotic products
- Including prostitution, escort or accompanying services
- Including the delivery of alcohol and related beverages
Performance enhancement Drugs
- Illegal or banned substances
- Prescription drugs and/or devices
- Products that are unauthorized by Health Canada
- Illegal Services
Government issued IDs, Badges, Uniforms and Licenses
- Including transit, military, police, postal, etc.
New merchandise or services from network marketing companies (MLM), independent franchisees or distributors, or similar representatives
- Including items in the events section attempting to recruit new representatives
- Note: Representatives from reputable direct sale companies (such as Avon and Tupperware) are permitted to post one (1) ad in the most appropriate Services Category of their closest city, advertising their presence or any new product lines or promotions that are available
Offensive and Obscene Material
- Including Nazi related artefacts and collectibles
- Note: This excludes stamps, letters and envelopes with the Nazi symbol, currency issued by the Nazi government, military scripts and historically accurate WWII military model kits that have Nazi symbols
Satellite products that violate the Radio-communication Act
Stocks and Other Securities
Tobacco Products or other smoking related items
- Including hookahs, e-cigarettes, herbal blends, etc
Used Sporting goods
Personal Garage Sales - Although Community based events are permitted if raising funds for clubs or teams.
Weapons (or any mention of related items, services or activities)
- Including, but not limited to, firearms, firearm parts and magazines, ammunition, BB and pellet guns, replica weapons, tear gas, stun guns, crossbows and martial arts weapons
- Including Airsoft guns, parts and ammunition,
- Note: Archery and paintball equipment are permitted
The following types of services are prohibited from being advertised on the site;
- Adult, erotic or sexual services of any kind including but not limited to; bachelor parties, adult cleaning/ lawn care, web camming, modeling, photography, escort and prostitution.
- Massage service ads posted by anyone who is not a Registered Massage Therapist (RMT) and who is unable to provide insurance receipts for customers.
- Massage service ads with full body photographs (photographs are to be limited to head shots or photographs of the facility).
- Surrogate/ adoption/ donor services.
- Model or photography service ads which do not offer a professional website or portfolio.
- Financial lending service ads which do not offer company information such as business name, address and phone number.
In addition, please keep in mind that;
Member event posting are not meant to offer any business or personal services. Legal businesses must pay for banner based ads and follow Getout4sport policies.
Last Update: May 24, 2016
G –Business Advertising Terms and Conditions
- raczerbiz is intended only for our business clients who wish to purchase advertising on raczer.com , and is provided by means of a Shopify store front site. As a valued customer you are solely responsible for maintaining the confidentiality of your username and password combination and shall be liable for any use through the username and password. If our customers know or have reason to suspect that its username and password may be known to unauthorized persons, customers shall immediately communicate this to Getout4sport Inc, this, without limiting its own obligation to take immediate effective measures, such as for example changing the password.
- In accordance with and subject to these Terms and Conditions (“Terms”), Customers will through use of raczerbiz.com transfer the Advertising Content (defined below) to Getout4sport Inc. for possible display on www.raczer.com (the “Raczer sites”), including, at Getout4sport’s sole discretion), the associated mobile website and through any application or websites used to access GetOut4sport online advertisements, in the form of advertisement listings (the “Advertisement”). The Advertisement may be listed on one (or more as determined by Getout4sport in its discretion) of the raczer.com regional sites. The Advertisement will be posted in the appropriately selected categories selected from the raczerbiz.com options. The available categories, the possibilities for shaping the Advertisement the space provided for the Advertising Content and the position within the Prescribed Advertisement are determined by what is offered through raczerbiz.com at that moment. For purposes of these Terms, “Advertising Content” means all data, information and content provided by Customer hereunder in whatever form, including, but not limited to, Customer’ store information, website information, product specifications, product descriptions, pricing, images and service marks.
- The Advertising Content must be submitted in the format as described by raczerbiz.com. We make available to our customers certain tools, services and files to facilitate Advertising outside of the website by contacting firstname.lastname@example.org. We are not responsible for any errors in the Advertising Content provided by the customer. Getout4sport may re-format the Advertising Content to be presentable for display, and may otherwise decode the Advertising Content and make such changes thereto as may be necessary to conform and adapt the Advertising Content to the technical requirements of the raczer.com site, connecting networks, devices, services or media; provided however that the Advertising Content shall not be edited or altered by Getout4sport in a manner that misleads or distorts the original content.
- Customers agree that they will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access their Customer account or to monitor or copy the Getoput4sport.com or .bus sites or the content contained therein, other than those automated means that are made available to Customers through the website.
- We make no guarantees with respect to the frequency of the Advertisement, and/or the moment of placement of the Advertisement. For greater certainty, we specifically disclaim any warranty regarding the quantity, frequency, rank, placement and prominence of Advertising Content anywhere on the raczer.com site other than for the duration and ad location. The frequency of the Advertisement in the Prescribed Category is determined by algorithms on the DFP 3rd party provider, in which several factors are taken into account; this includes, but is not limited to (i) the click-through rate (“CTR”) or CPC of competing Advertisements, (ii) the quality and relevancy of the Advertising Content, and (iii) the number and quality of the other classifieds listings in the same category. We are entitled to change the foregoing algorithm, the factors used therein and the weighting of those factors at any time. We are not obliged to disclose the algorithm and the weighting factors to out Customers. Our Customers expressly acknowledge and agree that depending on all of the relevant circumstances, it may occur that the Advertisement will be displayed less often than expected by Business, or not at all.
- Customers using advertising services outside of the raczerbiz.com website shall pay us according to the agreed upon terms such as for each click on a Listing according to the CPC set for that Listing. The number of impressions, clicks and CTR will solely be determined on the basis of the information in our systems. Our customers shall be responsible for all costs associated with each Advertisement, even if the Advertisement has been placed as a result of Customer’ errors within Getout4sport. In order to access and use of advertisements outside of raczerbiz.com, our customers will be required to sign up for pre-authorized credit card payments, and we also reserve the right to require payment in advance. We will invoice our customers by e-mail monthly with such invoice addressed to the email provided. Unless our customer has prepaid, customer agrees that each invoice shall be paid within thirty (30) days of receipt.
- Our customers will be responsible for payment of any applicable sales, use and other taxes (other than taxes based on our income), and will make all required payments to us free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments to us will be our customers sole responsibility, and Customer will, upon our request, provide us with official receipts issued by the appropriate taxing authorities, or such other evidence as we may reasonably request, to establish that such taxes have been paid. Customer authorizes us to investigate the relevant Business’ credit and financial standing by any reasonable means necessary, and the customers allows us to share credit card and related billing and payment information with companies who work on our behalf for the purpose of credit checks.
- As part of our ongoing customer support Geout4sport may provide reports to our customers with regard to the Advertisement (including the number of impressions and CTR) on purchases outside of the raczerbiz.com site and thereby provide suggestions for improvement of the Advertising Content. Getout4sport makes no representations, warranties or guarantees regarding any such reports or suggestions made for improvement. GetOut4sport utilizes 3rd party ad publisher and is not responsible for the accuracy of the data.
- Customer hereby represents, warrants and covenants throughout the duration of its use of raczerbiz.com that: (i) it has all necessary corporate power, authority and capacity to execute, deliver and perform its obligations, and its performance hereunder will not violate terms of any other agreement that it has with a third party; (ii) it will comply with any laws, regulations and ordinances applicable to it; (iii) it has secured all rights necessary to cause the transfer of the Advertising Content, and to cause related Listings to be listed on the raczer.com Site; (iv) no intellectual property rights belonging to a third party will be infringed by the exercise of our rights hereunder in relation to using the Advertising Content; and (v) the Advertising Content shall be free from any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device. Customers will indemnify and hold harmless Getout4sport Inc. its affiliates and their respective officers, directors and employees against any and all claims, losses, liabilities, costs and expenses, which any of them may incur as a result of any third party claims or actions arising from or relating to the Business Content or breach by Business of any of the foregoing.
- We may terminate a Customer account and this agreement at any time for any reason, by providing at least ten (10) days’ advance notice to our Customer. Our customer may pause or delete any or all of its Advertisements at any time. When the Customer wishes to pause or delete a Advertisement, it will be able to do so by contacting email@example.com. In addition, we may immediately suspend or terminate the Customer account if (i) Customer commits any act or does anything that is or shall be an offense which brings Getout4sport into public disrepute, contempt, scandal, or ridicule, or which might reasonably tend to injure the reputation of Getout4sport Inc; (ii) we have reasonable evidence to believe that Customer’ credit is or becomes impaired; or (iii) we eliminate or suspend the advertisement for any reason. No termination shall affect the rights or obligations of either party with respect to provisions hereof that, by their sense and context, are intended to survive such termination.
- Except as otherwise set forth in these Terms, each party will bear its own costs and expenses related to advertising.
- Customers acknowledges that the Geoutout4sport.com Site is provided “As Is”, and we do not represent or warrant that any of the foregoing will operate securely or without interruption or error.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT SHALL GETOUT4SPORT OR ITS AFFILIATES BE LIABLE TO CUSTOMER OR BUSINESS OR ANY OTHER PERSON OR ENTITY FOR ANY LOST REVENUE, LOST PROFITS, LOST DATA OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES OF ANY KIND, WHETHER OR NOT GETOUT4SPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) GETOUT4SPORT AND ITS AFFILIATES’ AGGREGATE LIABILITY IS LIMITED TO AMOUNTS PAID BY CUSTOMER OR BUSINESS HEREUNDER IN THE ONE MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CLAIMS AND CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS OR STATUTORY CAUSES OF ACTION.
- Customers’ acceptance of these Terms has not been induced by, nor do any of the parties rely upon or regard as material, any representations or writings whatsoever not expressly incorporated herein.
- We may, at any time and at our option, assign or transfer this agreement to any of our affiliates, or sub-contract to an affiliate any or all of its obligations hereunder, without prior consent from our Customer.
- We may update this agreement at any time, with updates taking effect when you next use Geout4sport or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by Customer and us.
- These Terms shall be construed and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Each of the parties hereby irrevocably attorns to the jurisdiction of the courts of the Province of Alberta with respect to any matters arising out of Getout4sport Inc.
Last Update: February 7, 2017