Rave Terms of Service

Last updated: 2023/02/01

Welcome to Rave, operated by Rave Inc. (the "Company" or "Rave").

Please read these Terms of Use ("Agreement") carefully.

By downloading, using, or accessing the Rave mobile or personal computer application, Rave's websites or other Rave products and services, or by using Rave features or functionality jointly offered with other companies through our mobile or personal computer application, or websites (collectively, the "Services"), you agree to be bound by this Agreement.

This Agreement affects your legal rights and obligations, so if you do not agree to the terms of this Agreement, do not access or use the Services.

This Agreement is broken into headers for ease of reading. By using the Rave Application you agree to all terms beneath every header of this Agreement.

Please contact us at rave@rave.io with any questions regarding this Agreement.

1. General

The Application and Services are licensed, not sold, to you by the Company for use strictly in accordance with the terms and conditions of this Agreement, and any "usage rules" established by any other third party usage rules or terms of use, such as Apple Inc. and such other vendors ("Usage Rules"), which are incorporated herein by this reference.

The term "Application" shall refer to and consist of the following:

(i) the mobile or personal computer software application accompanying this Agreement, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation, and other components;

(ii) any updates, modifications, or enhancements to the items listed in subsection (i); and

(iii) any specific website the Application directs you to via any browser on your mobile device ("Mobile Device") or personal computer ("Personal Computer").

2. Acceptance of Terms of Use Agreement

This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Services. This Agreement includes any terms disclosed and agreed to by you if you use or accept additional features, products, or services we offer on the Services.

By accessing or using the Services, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form.

To withdraw this consent, you must cease using the Services and terminate your account.

Please print or copy and save a version of this Agreement for your records.

An electronic copy of this Agreement can also be made available by contacting us at rave@rave.io.

This Agreement may be modified by the Company, from time to time, with such modifications to be effective upon posting by the Company in the Service.

3. License Grant and Restrictions on Use

a. License Grant

The Company grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Services, install and use the Application on a Mobile Device or Personal Computer owned and controlled by you, strictly in accordance with the terms and conditions of this Agreement, the Usage Rules, and any service agreement associated with your Mobile Device and Personal Computer (the Usage Rules and any service agreement associated with your Mobile Device and Personal Computer are collectively "Related Agreements").

b. Restrictions on Use

You shall use the Application and Services in accordance with the terms of this Agreement and Related Agreements, and shall not:

(i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application or Services;

(ii) make any modifications, adaptation, improvement, enhancement, translation, or derivative work from the Application or Services;

(iii) violate any applicable laws, rules, or regulations in connection with your access or use of the Application or Services;

(iv) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application and Services;

(v) use the Application or Services for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

(vi) use the Application or Services for creating a product, service, or software that is directly, or indirectly, competitive with or in any way a substitute for any services, product, or software offered by the Company;

(vii) use the Application or Services to send automated queries to any website or mobile device or to send any unsolicited commercial e-mail; or

(viii) use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing, or distribution of any applications, accessories or devices for use with the Application or Services.

4. Restriction on Transfer

You may not rent, lease, lend, sublicense, or transfer the Application or Services, this Agreement or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

5. Eligibility

No part of Rave or the Application or Services are directed to persons under the age of 13. You must be at least 13 years of age to access and use the Services.

If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

By accessing and using the Application and Services, 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.

Using the Application and/or Services may be prohibited and restricted in certain countries. If you use the Application or Services outside of Canada, you are responsible for complying with the laws and regulations of the territory from which you access or use the Services or Application.

Any use of the Services is void where prohibited.

6. Creating an Account

In order to use the Rave Mobile or Personal Computer Application, you must sign in using e-mail or through a third party provider including: Facebook, Google, Twitter, Apple, or VK login.

If you sign in through e-mail, we gain access to your e-mail address.

For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

7. Non-commercial Use by Users

The Services are for personal use only. Organizations, companies, and/or businesses may not use the Services for any purpose without the express written consent of the Company.

8. Account Security

You are responsible for the maintenance of the confidentiality of your username and passwords you designate during the registration process, and you are solely responsible for all activities that occur under your username and password.

9. Intellectual Property Rights

a. Rights to Application and Services

You acknowledge and agree that the Application and Services, and all copyrights, patents, trademarks, trade names, service marks, trade secrets, and other intellectual property rights associated therewith are, and shall remain, the property of the Company.

b. Third Party Software

The Application and/or Services may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software").

10. Your Interaction With Other Users

You are solely responsible for your interactions with other users. You understand that the Company does not conduct criminal background checks or screening on its users.

11. Content Posted By You in Services

a. Responsibility

You are solely responsible for the content and information you post, upload, publish, link to, transmit, record, display, stream, or otherwise make available on the Services or Application.

b. Copyright

The Company prohibits copyright infringement or the infringement of other intellectual property rights through the Services or Application.

c. Content Review

You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of the Services or Application.

d. Data Usage

By Posting Content as part of the Services or Application, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content limited only by the laws governing the data rights of your geographic region.

e. Prohibited Content

The following is a partial list of the kind of Content that is prohibited in the Services.

12. Prohibited Activities

a. Prohibited Activities On Rave

The Company reserves the right to investigate, suspend, and/or terminate your account if you have misused the Services and/or Application.

b. Prohibited Activities For Third Parties

During and after the term of this Agreement, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against the Company or any of its affiliates, subsidiaries, agents, successors, assigns, customers, third party providers, licensors, and suppliers, any patent infringement or other intellectual property infringement or misappropriation claim regarding the Services or Content.

13. Use of Information

a) Consent to Use Information

Limited only by the laws governing the data rights of your geographic region, you hereby authorize and consent to the collection, storage, use, and disclosure by Company of any information and data related to your use of the Application and Services.

14. Privacy Policy

You represent that you have reviewed and agreed to the Company's Privacy Policy, which can be found at rave.io/privacy, and sets forth and describes the practices of Company with respect to the collection, use, and disclosure of Information in connection with your use of the Application and/or Services.

15. Third Party Content and Services

a) General.

You acknowledge that the Application and Services may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services").

b) Disclaimer.

You acknowledge that the Company does not investigate, monitor, represent or endorse the Third Party Content and Services.

c) Third Party Terms of Service.

You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party using the Application or Services are governed by and require your acceptance of the terms of service of such third party.

16. Term and Termination

Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to you hereunder with or without prior notice.

17. Modifications to Services and Application

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services and/or Application (or any part thereof) with or without notice.

18. Copyright Policy

Rave respects the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent at rave@rave.io.

19. Disclaimers

You acknowledge and agree that the application, services and content are provided on an "As is" and "As Available" basis, and that your use of or reliance upon the application, services, content and/or any third party content and services accessed thereby is at your sole risk without express or implied warranty or condition of any kind.

20. Limitation of Liability

In the event of any problem with the application, services, the content or the third party content, you agree that your sole and exclusive remedy is to cease using such services.

21. Indemnification

You hereby release rave and its affiliates, subsidiaries, agents, successors, assigns, third party providers, licensors, and suppliers from any and all claims, demands, and damages of every kind and nature related to the use of the application, services, content, third party content, your content, or any third party user generated content.

22. Compatibility

The Company does not warrant that the Application or Services will be compatible or interoperable with your Mobile Device or Personal Computer.

23. Governing Law

This Agreement shall be governed by the laws of the Province of Ontario.

24. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected.

25. Waiver

The failure to exercise a right under this Agreement shall not affect a party's ability to exercise such right at any time thereafter.

26. Modification or Amendment

The Company may modify or amend the terms of this Agreement at any time, by posting a copy of the modified Agreement on rave.io/terms.

27. Survival

The following sections of this Agreement shall survive the termination of this Agreement.

28. Assignment

You shall not assign this Agreement or any rights or obligations herein without the prior written consent of RAVE INC.

29. Entire Agreement

This Agreement constitutes the entire agreement with respect to the use of the Application and Services licensed hereunder.